LIBRARY 

OF  THE 

UNIVERSITY  OF  CALIFORNIA. 

GIF^T  OK 


Received 
Accession  No.     82.3!.53...  •    Class  No. 


THE 


SCHOOL  LAW 


-OF- 


WEST  VIRGINIA. 


ISSUED  BY  THE 
DEPARTMENT  OF  FKEK  SCHOOLS. 


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THE 

SCMOOL  LAW 

OF 

WEST  VIRGINIA 

AND 

OPINIONS  or  THE  ATTORNEY-GENERAL  AND 
DECISIONS  or   THE  STATE  SUPERIN- 
TENDENT OF  FREE  SCHOOLS 


With  Explanations  and 


REVISED  AND  ARRANGED    BY 

J.  R.  TROTTER, 

STATE  SUPERINTENDENT  OP  FREE  SCHOOLS. 


CHARLESTON: 

WILL  E.  FORSYTH,  PUBLIC  PRINTER, 
1897. 


CONSTITUTIONAL  PROVISIONS 


K  ELATING    TO    THE 


School  System  of  West  Virginia. 


ARTrCLE  IV. 

-::-  *:-  •:;-  *  *  * 

T>.  Every  person  elected  or  appointed  to  any  office,  oath  of  office. 
before  proceeding  to  exercise  the  authority,  or  discharge 
the-  duties  thereof,  shall  make  oath  or  affirmation  that  he 
will  support  the  Constitution  of  the  United  States  and 
the  Constitution  of  this  State,  and  that  he  will  faithfully 
••large  the  duties  of  his  said  office  to  the  best  of  his 
\  and  judo-men  I;  and  no  other   oath,    declaration,   or 
shall  be  required  as  a  qualification,  unless  herein 
otherwise  provided. 

0.  All  officers  elected  or  appointed  under  this  Consti-  Removal  from 
tvition,  may,  unless  in  cases  herein  otherwise  provided  office- 
for,    be  removed    from   office  for   official  misconduct, 
incompetence,  neglect  of  duty,  or  gross   immorality,  in 
such  manner  as  may  be  prescribed  by  general  laws,  and 
unless  so  removed,  they  shall  continue  to  discharge  the 
duties  of  their  respective  offices,  until  their   successors 
are  elected,  or  appointed  and  qualified. 


8.  The  Legislature,  in  cases  not  provided  for  in  this  L*|gisJ^re  to 
Constitution,  shall  prescribe  by  general  laws,  the  terms ternSfof Office, 
of  office,  powers,  duties  and  compensation  of  all  public 
officers  and  agents,  and  the  manner  in  which  they   shall 
be  elected,  appointed  and  removed. 

ARTICLE  VIII. 

Each  county  shall   be  laid   off   into   districts,  not  Districts. 
Q   three  nor  more  than   ten  in   number,    and   as 
;'iy  equal   as  may  be  in  territory  and   population. 


82753 


SCHOOL  LAW  or  WEST  VIRGINIA. 
ARTICLE  IX. 


ment. 


4-  The  Presidents  of  the  County  Courts,  the  Justices 
of  the  Peace,  Sheriffs,  Prosecuting  Attorneys,  Clerks  of 
the  Circuit  and  of  the  County  Courts,  and  all  other 
county  officers,  shall  be  subject  to  indictment  for  mal- 
feasance, misfeasance,  or  neglect  of  official  duty,  and  on 
conviction  thereof,  their  offices  shall  become  vacant. 

I.  I  am  inclined  to  the  opinion  that  the  words  "all  other  county  officers," 
as  used  iu  this  section,  include  members  of  boards  of  education,  although 
they  are  elected  in  districts.  This  is  by  no  means  clear,  hnweirer.  This 
section  Is  in  force  ex  proprio  vigore  and'needs  no  additional  legislation.— 
Alfred  Caldwell,  Attorney-General. 

ARTICLE  X. 


Capitation 
tax. 


2.  The  Legislature  shall  levy  an  annual  capitation  tax 
of  one  dollar  upon  each  male  inhabitant  of  the  State 
who  has  attained  the  age  of  twenty-one  years,  which 
shall  be  annually  appropriated  to  the  support  of  Free 
Schools.  Persons  afflicted  with  bodity  infirmity  may  be 
exempted  from  this  tax. 


Power  of  Leg-  5.  The  power  of  taxation  of  the  Legislature  shall 
isiature  extend  to  provisions  for  the  payment  of  the  State  debt, 
and  interest  thereon,  the  support  of  free  schools,  and 
the  payment  of  the  annual  estimated  expenses  of  the 
State;  but  whenever  any  deficiency  in  the  revenue  shall 
exist  in  any  year,  it  shall,  at  the  regular  session  thereof 
held  next  after  the  deficiency  occurs,  levy  a  tax  for  the 
ensuing  year,  sufficient  with  the  other  sources  of  income, 
to  meet  such  deficiency,  as  well  as  the  estimated  expenses 
of  such  year. 


county  taxes  7,  County  authorities  shall  never  assess  taxes,  in  any 
et°c. to  exceed  one  year,  the  aggregate  of  which  shall  exceed  ninety- 
five  cents  per  hundred  dollars  valuation,  except  for  the 
support  of  free  schools;  payment  of  indebtedness  exist- 
ing at  the  time  of  the  adoption  of  this  Constitution;  and 
for  the  payment  of  any  indebtedness  with  the  interest 
thereon,  created  under  the  succeeding  section,  unless 
such  assessment,  with  all  questions  involving  the  in- 
crease of  such  aggregate,  shall  have  been  submitted  to 
the  vote  of  the  people  of  the  county,  and  have  received 
three-fifths  of  all  the  votes  cast  for  and  against  it. 


See  Brannpn  vs.  County  Court, 
ing  this  section. 


W.  Va.,p.  789,  constru- 


SCHOOL  LAW  OF  WEST  VIHGINIA.  5 

8.  No  county,  city,  school  district,  or  municipal  cor-  Bonded  in- 
poration,  except  in  cases  where  such  corporations  have  ae 
already  authorized  their  bonds  to   be  issued,  shall  here- 
after be  allowed  to  become  indebted,  in  any  manner,  or 
for  any  purpose,  to  an  amount,  including  existing  in- 
debtedness in  the  aggregate,  exceeding  five  per  centum 
on  the  value  of  the  taxable  property  therein  to  be  ascer- 
tained by  the  last  assessment  for  State  and  county  taxes, 
previous  to  the  incurring  of  such  indebtedness:  nor  with- 
out, at  the  same  time  providing  for  the  collection  of  a 
direct  annual  tax,  sufficient  to  pay,  annually,  the  interest 
on  such  debt,  and  the  principal  thereof,  within,  and  not 
exceeding  thirty-four  years;   Provided.  That  no   debt  NO  debt  except 
shall  be  contracted  under   this   section,  unless   all  ques-  people*  ° 
tions  connected  with  the  same,  shall  have  been  first  sub- 
mitted to  a  vote  of  the  people,  and  received  three-fifths 
of  all  the  votes  cast  for  and  against  the  same. 

ARTICLE  XII. 

1.  The  Legislature  shall  provide  by  general   law,  for 
a  thorough  and  efficient  system  of  Free  Schools. 

See  4  W.  Va.,p.499. 

2.  The   State  Superintendent  of  Free   Schools  shall  Gen*r»V 
have  a  general  supervision  of  free  schools,  and  perform su 
such  other  duties  in   relation   thereto   as  may   be  pre- 
scribed by  law.     If  in  the  performance  of  any  such  duty 
imposed  upon  him  by  the  Legislature,  he  shall  incur  any 
expenses,  he  shall  be  reimbursed   therefor;     Provided, 

The  amount  does  not  exceed  five  hundred  dollars  in  any 
one  year. 

3.  The  Legislature  may  provide  for  county  superin- 
tendents,  and  such  other  officers  as  may  be  necessary  to 
carry  out  the  objects  of  this  Article,  and  define  their 
duties,  powers  and  compensation. 

4.  The  existing  permanent  and  invested  school  fund,  school  Fund, 
and  all  money  accruing  to  this  State  from  forfeited,  de- 
linquent,  waste    and  unappropriated  lands;   and  from 

lands  heretofore  sold  for  taxes  and  purchased  by  the 
State  of  Virginia,  if  hereafter  redeemed  or  sold  to  others 
than  this  State;  all  grants,  devises  or  bequests  that  may 
be  made  to  this  State  for  the  purposes  of  education  or 
where  the  purposes  of  such  grants,  devises  or  bequests 
are  not  specified;  this  State's  just  share  of  the  literary 
fund  of  Virginia,  whether  paid  over  or  otherwise  liqui- 
dated; and  "any  sums  of  money,  stocks,  or  property, 
which  this  State  shall  have  the  right  to  claim  from  the 


SCHOOL  LAW  OF  V,'  IA. 

State  of  Virginia  for  e<~i 
of  the  ej 

will  or  heir,  and  of  all  e,sc!« 
any  taxes  that  may  bo  levic 
poration;  ail  mono;, 
for  exemption  fron 
may,  from  time  to  time 
.lature  for  the  pun- 
fund  to  be  called  tl: 

•'•  such  regulation 

interest  bearing  securi  >r  of 

this  State,  or  if  such  inter 
')G  °^amed?  then  said  "School  Fund'7 
in  such  other  solvent  in. 
bo  approved  by  the  Governor,  Super!?; 

liools,  Auditor  and  T<  •,  who  are  h< 

tuted  the  "Board  of  the  School  Fund,"  to 
same  under  such  regulations  v 
hw;  and  the  interest  thereof  shall  be  amm 
to  the  support  of  Free  School 
and  to  no  other  purpose  whatever, 
said  interest  remaining  unexpende 
fiscal  year  shall  be  added  t-\ 
capital  of  the  "School  Fund"; 
which  shall  be  ;   by  the  State. 

lands,  except  the  t 
refunded  to  the  co. 
same  Avere  levied. 

to     5- The!, 

Free  schools,  schools,  by  approprin 
invested  'SScht. 

ures   and   fines   accruing  to  thi 
thereof;  the  State  capitation  tax;  and  ; 
tion  of  persons  and  prop 
provide  for  raising,  in  each  c< 
authority  of  the  people  t' 
the  amount  required  for  the  support  of  Free 
therein  as  shall  be  pre.--, 

^6.  The  school  disiric 

divided  shall    continue  until  c- 
law. 

to  be         7.  All  levies  that  n:;.  ;v  count 

SKE  o?  to     trict  for  the  purp- 

county  court,  to  the  Clerk  of  the 
regulations  as  3 

by  the  Sheriff,  or  '.lector,  v 

nual  settlement  with  the  County  Con. 


L  LAW  or  WEST  VIRGINIA.  7 

merits  shall  he  made  a  matter  of  record  by  the  Clerk 
thereof,  in  a  book  to  be  kept  for  that  purpose. 

8.  White  and  colored,  persons  shall  not  be  taught  in 
the  same  school. 

0.  No   person  connected  with  the  free  school  system  school  officers 
of  the  Stale,  or  with  any  educational  institution  of  any  f$e rested  in 
mime  or  grade,  under  State  control,  shall  be  interested**16  of  books. 
iie  sale,  proceeds  or  profits  of  any  book  or  other 
(  used,  or  to  be  used  therein,  under  such  penalties 
iv  l>e  prescribed  by  law;   Provided,  That  nothing 
rail  be  construed  to  apply  to  any  work  written 
n  vented  by  such  person. 

No  independent  Free  School  district,  or  organiza-  independent 
U  hereafter  be  created,  except  with  the  consent Dlstricls- 
:  district  or  districts  out  of  which  the  same 
y  a  majority  of  the  voters 
r.g  on  the  question. 

LI.  No  appropriation  shall  hereafter  be  made  to  any  Normal 
,i)ol,  or  branch  thereof,  except  to  those  8oh00^- 
-blished,  and  in  operation,  or  now  chartered. 

The  Legislature  shall  foster  and  encourage  moral,  Leislature  to 
•ial,  scientific  and  agricultural  improvement;  it 
practicable,  make  suitable 

provision  for  the   b  'tnd  insane,  and  for  the 

vtion  of  such  institutions  of  learning  as  the  best 

oral  education  in  the  State  may  demand. 


SCHOOL  LAW  OF  WEST  VIKGINIA. 


THE  SCHOOL  LAW. 

CHAPTER  XLV. 

Of  Education. 

school  dis-          1.  Every  magisterial  district  in  each  of  the  counties 
of  the  State  shall  be  a  school  district,  and  the  same  shall 
be  divided  into  such  number  of  sub-districts  as  may  be 
necessary  for  the    convenience   of    the     free   schools 
therein.     The  present  districts  and   sub-districts    shall 
remain  until  changed  in  the  manner  prescribed  by  law. 
5omitynsuper-     2.  A  county  superintendent    of  free  schools  in  each 
TenS'oTofflce  county  shall  be  elected  by  the  voters  thereof,  at  the 
'  general  election  held  on  the  Tuesday  after  the  first  Mon- 
day in  November,  1894,  and  every  four  }^ears  thereafter, 
whose  term  of  office  shall  commence  on  the  first  day  of 
July  next  after  his  election  and  continue  for  four  years 
and  until  his  successor  shall  be  elected  and  qualified 
according  to  law. 

Election  Of  There  shall  also  be  elected  at  said  election,  in  each 
SmnSs^  aud  district  of  the  county,  by  the  voters  thereof,  and  every 
loners.  Term  four  years  thereafter,  a  president  of  the  board  of  educa- 
lce'  tion,  whose  term  of  office  shall  commence  on  the  first 
day  of  July  next  after  his  election,  and  continue  for  four 
years,  and  until  his  successor  is  elected  and  qualified 
according  to  law.  There  shall  also  be  elected  at  the 
same  time  in  each  district  in  the  county  by  the  voters 
thereof,  one  commissioner  at  the  general  election  held 
on  the  Tuesday  after  the  first  Monday  in  November, 
1894,  a  successor  to  the  commissioner  elected  in  May, 
1891.  and  every  two  years  thereafter  one  commissioner, 
whose  term  of  office  shall  commence  on  the  first  day  of 
July  next  after  their  election,  and  continue  for  four 
years,  and  until  their  successors  are  elected  and  qualified 
according  to  law. 

Board  of  edu-  The  said  president  and  commissioners  shall  constitute 
consulate!0  the  board  of  education  in  the  district  in  which  they  are 
elected.  No  person  shall  be  eligible  to  more  than  one 
office  under  the  provisions  of  this  chapter  at  the  same 
time.  The  county  superintendent  of  free  schools  shall, 
immediately  upon  receiving  the  certificate  of  election 


SCHOOL  LAW  OF  WEST  VIRGINIA. 

from  the  commissioners  of  the  count}T  court,  forward  a 
written  notice  thereof  to  the  State  Superintendent  of 
Free  Schools. 

In  case  of  a  tie  in  the  vote  for  members  of  the  board  °:  how 
of  education,  the  county  superintendent  of  free  schools 
shall  give  the  casting  vote;  and  in  case  of  a  tie  in  the 
vote  for  a  county  superintendent  of  free  schools,  the 
presidents  of  the  several  boards  of  education  in  the 
county  shall,  at  a  meeting  called  for  that  purpose,  at  the 
court  house  of  the  county,  by  the  clerk  of  the  county 
court,  not  less  than  six  nor  more  than  twelve  days  after 
Ihe  result  of  such  election  is  ascertained,  appoint  one  of 
the  persons  receiving  the  highest  number  of  votes  for 
said  office,  at  the  said  election,  as  county  superintendent 
of  free  schools,  who  shall  give  notice  as  aforesaid  to  the 
State  Superintendent  of  his  appointment.  A  notice  of 
such  meeting  shall  be  made  out  by  the  clerk  of  the 
county  court,  and  served  upon  each  president  of  the 
board  of  education  in  the  county  at  least  three  days 
before  the  day  of  such  meeting,  by  the  sheriff,  or  other 
officer,  to  whom  the  same  may  be  delivered  to  be  served. 

The  ballots  used  at  said  election  shall  also  have  writ- 
ten or  printed  thereon  the  words,  aFor  school  levy",  or  Levy. 
44  Against  school  levy",  as  the  voter  may  choose,  and  the 
boards  of  ballot  commissioners  in  the  several  counties  of 
this  State  shall  have  printed  at  the  bottom  of  each  ticket 
on  the  official  ballot  in  seperate   lines  the  words  "For 
school  levy",  and  "Against  school  levy";  and  upon  the 
application  of  the  board  of  education  of  any  district  they 
shall  also  have  printed  on  said   ballots  the  words,  "For  increase  in 
months  school",  and  "Against—  —months  school", 


as  provided  in  this  chapter. 

If  a  majority  of  the  ballots  cast  upon  the  question  of 
laying  the  school  levy  in  a  district,  have  written  or 
printed  thereon,  "For  school  levy",  it  shall  be  the  duty 
of  the  board  of  education  to  make  the  levies  required  by 
the  38th  and  40th  sections  of  this  chapter,  annually,  for 
the  next  four  years;  but  if  a  rnajorty  of  the  ballots  cast  in  a 
district  have  written  or  printed  thereon,  "Against  school 
levy",  no  levy  shall  be  made  by  said  board  for  the  year 
next  succeeding.  But  it  shall  be  the  duty  of  said  board  special  eie?- 
1o  cause  a  special  election  to  be  held  on  the  Tuesday  pu^oee1-  WJ 
after  the  first  Monday  in  November,  next  thereafter,  atwhen- 
which  the  question  of  levy,  or  no  levy,  shall  in  like  man- 
ner be  again  submitted  to  the  people  for  their  decision, 
and  if  a  majority  of  the  ballots  cast  at  such  special  elec- 
tion be,  "For  school  levy",  such  levy  shall  be  made  as 
herein  bef  ore  required. 

Of  every  such   special   election  the   secretary  of   the  gf^SSJce0  of 
board  of  education  of  the  district  shall  give  notice,  by  election. 


10 


SCHOOL  LAW  OF  WEST  VIRGINIA. 


posting  the  same  at  each  place  of  voting  in  the  district 
at  least  ten  days  before  the  day  on  which  the  same  is  to 
bo  held.  The  election  to  bo  held  on  the  third  Tuesday 
in  May,  1893,  for  the  purpose  of  electing  county  super- 
intendents of  free  schools  in  the  different  counties  of 
this  State,  and  members  of  the  various  boards  of  educa- 
tion, shall  bo  held  according  to  law;  but  their  terms  of 
office  shall  expire  as  soon  as  their  successors  are  elected 
and  qalified,  at  the  election  to  be  held  on  the  first  Tues- 
day after  the  first  Monday  in  November,  1894. 


Commis- 
sioner of 
election. 


Trustees; 
appointment 


VficancJe-, 


I.  A  person  elected  to  any  office,  whether  State,  county  or  district,  must 
be  a  resident  ot  the  political  division  to  which  hie  powers  and  duties  are 
limited,    (aee  Code,  chap,  vii,  sec.  8.) 

3.  Any  person  who  may  act  as  commissioner  of  any 
election,  held  under  any  of  the  provisions  of  this  chap- 
ter, who  shall  wilfully  reject  the  vote  of  any  person  en- 
titled to  vote  at  said  election,  or  receive  the  vote  of  any 
person  not  so  entitled,  or  who  shall  knowingly  make 
any  false  return  of  the  result  of  any  such  election,  or  of 
any  poll  held  at  any  place  of  voting,  shall  be  guilty  of 
a  misdemeanor,  and  nned  not  less  tnan  fifty  dollars,  and 
imprisoned  not  less  than  twenty  days. 

4.  At  the  meeting  of  the  district  board  of  education, 
held  on  the  first  Monday  in  July,  1881,   they  shall  ap- 
point three  intelligent  and  discreet  persons,  as  trustees 
for  each  sub- district  in  their  district,  one  of  whom  shall 
be  appointed  for  one  year,   one  for  two  years,  and  one 
for  three  years;  and  the  board  of  education  shall  there- 
after annually  appoint  one  trustee,  who  shall  hold  his 
office  for  three  years;  and  the  said  trustees  shall  hold 
their  respective  offices  until  their  successors  are  appoint- 
ed and  qualified. 

5.  Vacancies  in  the  office  of  school  trustee  shall  be 
filled  by  the  board  of  education  for  the  unexpired  term; 
and  in  the  board  of  education,  by  the  county  superin- 
tendent of  free  schools,  for  the  unexpired  term. 

II.  The  appointment  of  a  person  to  fill  a  vacancy  of  president  of  the  board 
ot  education  makes  such  person  president  of  the  board. 

III.  Vacancy  in  the  office  of  county  superintendent  is  filled  by  the  presi- 
dents of  the  boards  of  education. 

IV.  Section  8  of  Article  XII.  of  the  Constitution  provides  that  the  Legis- 
lature may  provide  for  county  superintendents  and  other  school  ottioors 
and  defines  their  duties,  powers  and  compensation.     Sections  of  chapter 
45  delegates  to  the  county  superintendent  the  power  to  fill  vacancies  in  the 
board  of  education  for  the  unexpired  term.     I  do  not  think  section  7  ol 
Article  IV.  of  the  Constitution  or  sections  8,  0  or  10  ol  chapter  4  of  the  Code 
control  as  to  apportionment  of  members  of  boaids  of  education.     I  am, 
therefore,  of  the  opinion  that  persons  appointed  by  the  county  superinten- 
dent to  fill  VHcancies  in  the  board  of  education  hold  for  the  uuexpired 
term.— T.  S.  Eiley,  Attorney-General. 


SCHOOL  LAW  or  WEST  VIRGINIA.  11 

5«.  Every     school    trustee,     and      every     president  Time  m  which 
and    commissioner  of  the   board   of   education   elected  to  qualify. 
within  this  State  shall,  within  ten  days  after  his  election 
has  been  duly  declared,  qualify  as  such  by  taking  and 
subscribing,  before  someone  duly  authorized  to  admin- 
ister oaths,  within  his   county,  the   oath  of   oilice   pro-- 
scribed by  section  live  of  article  four  of  the  Constitution, 
which  oath  shall  be  liled  with  the  secretary  of  the  board 
of  education  of  his  district. 

6.  The  boards  of  education  of  the  several  districts  Boards  of 
shall  hold  their  first  meeting  for  each  school  year  on  the' 
first  Monday  in  July.  At  this  meeting  they 'shall  deter- 
mine the  number  of  teachers  that  may  be  employed  in 
the  several  sub-districts  and  fix  the  salaries  that  shall  be 
paid  to  the  teachers.  In  determining  the  salaries,  they 
shall  have  regard  to  the  grada  of  teachers'  certificates, 
fixing  to  each  grade  the  salary  that  shall  bo  paid  to 
teachers  of  said  grade  in  the  several  sub-districts,  as  fol- 
lows: Teachers  having  certificates  of  the  grade  of  num- 
ber one,  shall  be  paid  not  less  than  twenty-five  dollars 
per  month;  those  holding  certificates  of  the  grade  of 
number  two,  not  less  than  twenty-two  dollars  per  month; 
and  those  holding  certificates  of  the  grade  of  number 
three,  not  less  than  eighteen  dollars  per  month.  And 
the  trustees  of  the  several  sub-districts  shall  in  no  case 
transcend  or  diminish  the  salaries  so  fixed  in  any  con- 
tract they  may  make  with  teachers. 

A  quorum  of  the  board  of  education  shall  consist  of  Quorum, 
a  majority  of  the  members  thereof,  and  in  the  absence 
of  the  president  one  of  said  members  may  act  as  such; 
but  they  shall  do  no  official  business  except  when  as- 
sembled as  a  board,  and  by  due  notice  to  all  the  mem- 
bers, except  that  the  president  and  secretary  may  sign  . 
orders  upon  the  sheriff  for  any  sum  of  money  which 
may  have  been  already  ordered  to  be  paid. 

The  members  of  the  board  of  education  shall  receive 
as  compensation  for  his  services  the  sum  of  one  dollar 
and  fifty  cents  per  day.  to  be  paid  in  like  manner  as  the 
salary  of  the  clerks  01  the  boards  of  education; 
videa,  That  no  member  shall  receive  pay  for  more 
six  days'  services  in  any  one  year. 

V.  A  board  of  education  has  no  authority  to  annul  a  teacher's  certificate 
for  any  eause.    Only  the  county  board  of  examiners  can  do  tai*. 

VI.  Boards  of  education  fix  the  term  of  school  for  the  whole  district. 

VII.  If  a  eub-  district  for  any  canse  fall  io  have  a  school  In  any  yaar  It  can 
not  have  a  longer  term  than  the  other  schools  of  the  district  in  the  follow- 
ing year. 


SCHOOL  LAW  or  WEST  VIRGINIA. 

VIII.  It  is  the  duty  of  the  county  superintendent  to  i-sue  orders  for  the 
pay  of  members  of  the  board  of  education,  if  satisfied  the  service  has  been 
rendered,  but  this  should  not  be  done  before  the  first  day  of  June  of  each 
year. 

IX  Members  of  boards  of  education  of  independent  districts,  where  not 
otherwise  specially  provided,  are  entitled  to  pay  as  provided  in  the  general 
school  law. 

X.  If  officers  of  town  corporations  a.lso  act  as  the  school  board  for  the 
independent  district  they  are  entitled  to  the  same  pay  as  district  nchool 
officers  of  the  same  grade  ;  Provided,  they  receive  no  compensation  from  the 
town  corporation  for  their  services. 

XI.  Only  one  payment  of  $1.50 per  day,  for  not  exceeding  six  days  can  be 
made  for  services  of  an/  member  of  a  board  of  education,  and  the  succes- 
sor gets  nothing  if  the  predecessor  received  pay  for  the  six  days  allowed.— 

Alfred  Caldwell,  Attorney-General. 


Board  of 
Education  a 
Corporation. 


Process  on 
board :  how 
served. 


XII.  Th*1  board  have  the  power  to  fix  the  salary  to  be  paid  teachers  ae  a 
class  based  upon  the  grade  of  the  certificate  they  hold,  but  in  my  opinion 
they  can  not  require  the  trustees  to  employ  a  teacher  of  a  certain  grade. 
The  trustees  have  the  unquestioned  right  to  employ  a  tear/her  of  any  grade 
certificate  which  entitled  him  or  her  to  teach,  and'  pay  the  salary  fixed  by 
the  board  for  that  grade.— T.  S.Riley,  Attorney-General. 

7.  The  board  of  education  of  each  district  arid  inde- 
pendent school  district  shall  be  a  corporation  by  the 
name  of  "The  board  of  education  of  the  district  or  inde- 
pendent school  district  of  -  — ,  in  the  county  of 

",  and  as  such  may  sue  and  be  sued,  plead  and 

be  im pleaded;  and  as  such  corporation,  shall  succeed  and 
be  substituted  to  all  the  rights  of  the  former  township 
and  district  boards  of  education;  and  may  prosecute  and 
maintain  any  and  all  suits  and  proceedings  now  pending, 
or  which  might  have  been  brought  and  prosecuted  in  the 
name  of  any  such  former  board  of  education  for  the  re- 
covery of  any  money  or  property,  or  damage  to  any 
property  due  to  or  vested  in  such  former  board. 

The  said  board  shall  also  be  liable  in  its  corporate  ca- 
pacity for  all  claims  legally  existing  against  the  board  of 
education  of  which  it  is  successor.  Said  board  shall  re- 
ceive, hold  and  dispose  of  according  to  the  rules  of  law 
and  the  intent  of  the  instrument  conferring  title,  any 
gift,  grant,  devise  or  bequest,  made  for  the  use  of  any 
free  school  or  schools  under  their  jurisdiction;  and  with- 
out any  transfer  or  conveyance,  shall  be  deemed  the 
owner  of  the  real  and  personal  property  of  their  dis- 
trict, and  the  property  of  the  former  township  or  dis- 
trict for  which  their  district  was  substituted. 

Process  and  notice  may  be  served  on  said  corporations 
by  delivering  a  copy  thereof  to  the  secretary,  or  any  two 
members  of  the  board.  And  all  suits  or  proceedings 
now  pending  in  any  of  the  courts  of  the  State,  in  the 
name  of  the  board  of  education  of  any  district  for  anv 
demand  or  claim  in  favor  of  the  board  of  education  of 
any  township  or  district,  are  hereby  made  valid. 


SCHOOL  LAW  or  WEST  VIRGINIA.  13 

8.  The  board  of  education,  at  their  first  meeting  after  secretary  of 
their  election,  shall  appoint  a  secretary,  who  shall  not  be 
a  member  of  the  board,  and  who  shall  attend  all  meet- 
ings of  the  board,  and  record  their  official  proceedings 
in  a  book  kept  for  that  purpose,  which  record  shall  b(i 
attested  by  his  signature  and  the  signature  of  the  presi- 
dent of  the  board,  and  which  shall,  at  all  reasonable 
times,  be  open  to  the  inspection  of  any  person  interested 
therein;  he  shall  have  the  care  and  custody  of  all  papers 
belonging' to  the  board  containing  evidence  of  title,  con- 
tracts or  obligations,  or  being  otherwise  valuable,  and 
preserve  the  same  in  his  office,  properly  arranged  for 
reference,  and  shall  record  and  keep  on  file  in  his  office 
such  papers  and  documents  as  the  board  or  the  law  may 
direct. 

He  shall  keep  such 'accounts  and  prepare  and  certify  secretary; 
such  reports  and  writings  pertaining  to  the  business  of  reP°rts  ol- 
the  board,  as  the  board  or  law  may  dirct.  He  shall  pub- 
lish within  three  days  after  any  meeting  of  the  board  of 
education  an  abstract  of  the  proceedings  thereof,  by 
posting  the  same  at  the  front  door  of  the  place  of  meet- 
ing. He  shall  within  ten  days  after  the  annual  levy  is 
laid  certify  to  the  county  superintendent  of  free  schools, 
the  total  value  of  all  property,  real  and  personal,  in  his 
district,  with  rate  of  levy,  and  amount  thereof,  keeping 
separate  the  rates  and  amounts  of  teachers'  and  building 
funds;  and  said  superintendent  shall  within  twenty  days 
certify  the  same  to  the  State  Superintendent  of  Free 
Schools,  using  blanks  therefor,  furnished  by  said  State 
Superintendent.  He  shall  also  have  authority  to  admin- 
ister oaths  to  school  officers  in  all  cases  where  they  are 
required  to  take  an  oath  as  such. 

For  his  services  as  secretary  he  shall  receive  such  secretary ; 
compensation  as  the  board  may  determine  from  year 
year,  not  to  exceed  fifteen  dollars,  to  be  paid  out  of  the 
building  fund  by  an  order  drawn  by  the  county  superin- 
tendent, when  after  an  examination  by  said  superinten- 
dent of  said  secretary's  books,  they  are  found  to  be  cor- 
rect.    But  such  order  shall  not  be  drawn  until  the  sec- 
retary shall  have  made  his  annual  report  to  the  county 
superintendent  as  hereinafter  provided,  and  be  approved 
by  the  said  county  superintendent.     (See  also  Sec.  til.) 

XIII.  Teachers  are  school  officers. 

\  IV  The  office  of  secretary  of  the  hoard  of  education  is  held  at  the  will 
Of  the  b  >ard.  The  secretary  "may  be  relieved  at  any  tune  by  the  board. 

XV  Secremries  o'  boards  of  education  make  but  one  report  per  year  to  the 
c  mnty  superintendent.  The  two  blanks  are  sent  to  each  secretary  that  He 
mav  rotainacopyofhisreportinhisoffice.  Special  information  mo  8 1  befur 
uibhad  by  the  rfecrdtary  to  the  county  superintendent  at  any  time  required. 


SCHOOL  LAW  OF  WEST  VIRGINIA. 


Board  of 
Education ; 

powers  and 
duties  of. 


Change  in 
sab-district. 


Appeal  to 
County  Su- 
perintendent 


XVI.  The  secretary's  annual  report  cannot  be  completed  before  the  sher- 
iff's settlement  with  the  board  of  education.     County  superintendents  are 
forbidden  by  law  to  issue  orders  for  the  pay  of  secretaries  until   they  pre- 
sent correct  and  complete  reports. 

XVII.  The  law  does  not  specify  who  shall  call  the  meetings  of  tho  board. 
The  board  should  adopt  a  rule  upon  this  subject  at  its  first  meeting  in  the 
tchool  year,  when  ail  its  members  are  present. 

D.  The  boards  of  education  shall  have  general  control 
and  supervision  of  the  schools  and  school  interests  of 
their  districts;  they  may  determine  the  number  and 
location  of  the  schools  to  be  taught;  change  the  bound- 
aries of  their  sub-districts,  and  increase  and  diminish 
the  number  thereof,  having  due  regard  for  the  school 
houses  already  built,  or  sites  procured,  assigning,  if 
practicable,  to  each  sub-district  not  less  than  forty 
youths  between  the  ages  of  six  and  twenty-one  years; 
Provided,  That  every  village  consisting  of  fifty  inhabi- 
tants or  more,  shall  be  included  in  one  sub-  district.  And 
provided,  further,  That  no  change  in  any  sub-district 
shall  take  effect,  except  immediately  after  the  annual 
apportionment  of  the  general  school  fund.  When  such 
village  as  is  mentioned  in  this  section  is  divided  by  dis- 
trict or  county  lines,  the  said  village  shall  be  included 
in  the  sub-district,  to  be  under  the  supervision  of  the 
board  of  education  of  the  district  to  which  the  largest 
division  of  its  territory  is  attached,  and  said  board  shall 
define  and  enter  of  record  in  the  office  of  their  secretary 
the  several  district  and  sub-district  lines. 

Any  person  aggrieved  by  any  decision  of  the  board  of 
education,  changing  the  boundaries  of  a  sub-district,  or 
increasing  or  diminishing  the  number  of  the  sub- dis- 
tricts, in  their  district,  under  this  section,  may  appeal 
therefrom  to  the  county  superintendent  of  schools,  and 
have  the  same  corrected,  if  erroneous.  Every  such  per- 
son shall  present  to  the  county  superintendent  his  peti- 
tion, signed  by  himself  and  at  least  five  other  residents 
of  the  sub-district,  stating  the  action  of  the  board  com- 
plained of,  and  the  grounds  of  appeal;  and  the  county 
superintendent  shall  thereupon  fix  a  time  and  place  for 
the  hearing  of  the  appeal,  and  cause  a  notice  thereof  to 
be  served  upon  the  president  or  the  secretary  of  the  board 
of  education,  at  least  five  days  before  the  hearing.  If, 
upon  hearing  the  proofs  and  allegations  of  the  parties, 
the  superintendent  be  of  the  opinion  that  the  action  of 
the  board  complained  of  was  illegal  or  improper,  he 
shall  reverse  or  correct  the  same;  otherwise  the  said 
action  shall  be  affirmed. 


XVIII  Where  the  county  court  of  a  county  changes  the  boundary  lines 
of  a  district  or  increasfS  or  diminishes  the  number  of  districts  after  the 
annual  levy  has  been  laid  for  school  purposes,  and  the  salaries  of  teachers 
fixed  in  the  respective  districts,  and  provides  that  such  change  or  changes 
shall  take  effect  before  the  end  of  the  school  year  (June  80) ,  the  schools  aud 


SCHOOL  LAW  OF  WEST  VIRGINIA.  15 

school  officers  should  continue  as  if  no  change  had  been  made,  making 
settlements,  Ac. .until  the  close  of  the  year,  when  the  changes  ordered 
should  be  recognized. 

XIX.  The  building  of  school  houses  is  discretionary  with  the  boards  of 
education.    There  is  no  power  in  any  other  court,  body  or  person  to  compel 
them  to  build  a  school  house.— Alfred  Caldwell,  Attorney-General. 

XX.  The  appeal  to  the  county  superintendent  under  this  section  la  limited 
to  cases  involving  the  changing  of  boundaries  of  a  sub-district,  or  increas- 
ing or  diminishing  the  number  of  sub-distriots. 

10.  The  board  of  education  shall  cause  to  be  kept  in  schools  must 
every   sub-district  of   their   district,    by  a  teacher  or  •    *° 
teachers   of   competent  ability,    temperate   habits  and 
crood  morals,  a  sufficient  number  of  primary  schools  for 
the  instruction  of  the  persons  entitled  to  attend  the  same, 
and  should  the  trustees  of  any  sub-district  neglect  or 
fail  to  employ  a  teacher  for  their  sub-district,  upon 
complaint  thereof,  it  shall  be  the  duty  of  the  board  of 
education  to  do  so. 

The  following  persons  when  residing  in  a  sub-district,  who  may 
with  intent  to  make  such  sub-district  their  home,  shall at 
have  a  right  to  attend  and  receive  instruction  at  the 
primary  schools  thereof,  that  is  to  say:     Every  youth 
between  the  ages  of  six  and  twenty-one  years,  shall  have 
such  right;  and  any  other  person  wishing  to  receive 
instruction  at  any  tree  school  in  this  State,  shall  have 
a  right,  with  the  assent  of  the  trustees,  to  attend  such 
school,  and  the  teacher  or  teachers  there  employed  shall 
give  instruction  to  such  person  the  same  as  is  required 
by  law  for  other  persons,  upon  the  payment  of  tuition  who  to  pay 
fees,  not  to  exceed  one  dollar  and  fifty  cents  per  month tu 
for  each  pupil,  and  upon  such  other  terms  as  the  trus- 
tees of  the  sub-district  may  prescribe.     Said  tuition  fe,es 
shall  be  paid  in  advance  to  the  sheriff,  who  shall  give 
his  receipt  therefor,  and  place  the  amount  to  the  credit 
of  the  teachers1  fund  of  said  district. 

Wa.  Every  person  having  under  his  control  a 
or  children  between  the  ages  of  eight  and  fourteen  years, 
shall  cause  such  child  or  children  to  attend  some  public 
school  in  the  city,  independent  district,  or  district  in 
which  he  resides,  and  such  attendance  shall  continue  for 
at  least  sixteen  weeks  of  the  school  year,  provided  the 
school  be  in  session  as  many  as  sixteen  weeks,  and  for 
every  neglect  of  such  duty  the  person  offending  shall  be 
guilty  of  a  misdemeanor,  and  shall  upon  conviction 
thereof  before  any  justice  be  fined  two  dollars  for  the 
first  offense,  and  five  dollars  for  each  subsequent  offense. 
An  offense,  as  understood  in  this  act,  shall  consist  in  fail- 
ure to  send  to  school  any  child  or  children  for  five  con- 
secutive days,  except  in  case  of  the  sickness  of  such 
child  or  children  or  other  reasonable  excuse. 


16 


SCHOOL  LAW  OF  WEST  VIRGINIA. 


Trustee  and 
teacher  to 
inform. 


Branches  to 
be  taught. 


And  it  shall  be  the  duty  of  every  trustee  and  teacher 
to  inform  against  any  one  so  o ft' ending  and  upon  a  fail- 
ure so  to  do  they  shall  be  guilty  of  a  misdemeanor,  and 
be  fined  not  exceeding  live  dollars;  Provided,  That  if 
siicl)  child  or  children  have  attended  for  a  like  period  of 
time  a  private  day  school,  or  if  such  child  or  children 
have  been  otherwise  instructed  for  a  like  period  of  time 
in  the  branches  of  learning  required  by  law  to  be  taught 
in  the  public  schools,  or  have  already  acquired  such 
branches,  or  if  his  physical  or  mental  condition  is  such  as 
to  render  such  attendance  inexpedient,  or  impracticable, 
Mich  penalty  shall  not  be  incurred;  Provided,  further, 
That  incase  there  be  no  public  school  in  session  within 
two  miles  by  the  nearest  traveled  road,  of  any  person  in 
the  school  district,  he  shall  not  be  liable  to  the  provisions 
of  this  act. 

Any  tines  so  collected  shall  be  placed  to  the  credit  of 
the  building  fund  of  the  district. 

If  sixty  per  cent,  of  the  legal  voters  of  any  city,  inde- 
pendent district,  or  sub-district  shall  petition  the  board 
of  education  against  the  enforcement  of  this  act,  the  said 
act,  so  far  as  that  sub- district  is  concerned,  shall  be  null 
and  void  until  the  beginning  of  the  next  school  year. 

Justices  of  the  peace  shall  have  jurisdiction  in  all 
violations  of  this  act  in  their  respective  counties. 

XXI.  A  teacher  has  no  authority  to  admit  or  exclude  pupils  from    a 
school,  whether  from  the  same  or  another  sub-district,  without  the  consent 
and  direction    of  the  trustees  of  the  school.    This  does  not  refer  to  his 
right  to  suspend  a  pupil  for  disorderly  conduct. 

XXII.  The  teacher  has  no  right  to  receive  the  tuition  of  pay  pupils  and 
have  it  deducted  from  his  mouth's  salary  when  his  order  is  drawn. 

11.  In  the  primary  schools  there  shall  be  taught 
orthography,  reading,  penmanship,  arithmetic,  English 
grammer,  physiology,  general,  United  States  and  State 
history,  general  and  State  geography,  single  entry  book- 
keeping, civil  government,  and  in  addition  thereto  the 
theory  and  art  of  teaching.  It  shall  be  the  duty  of  the 
State  Superintendent  to  prescribe  a  manual  and  graded 
course  of  primary  instruction  to  be  followed  in  the 
country  and  village  schools  throughout  the  State,  arrang- 
ing the  order  in  which  the  several  branches  shall  be 
taken  up  and  studied,  and  the  time  to  be  devoted  to 
them,  respectively,  with  provisions  for  advancement 
from  class  to  class,  also  for  the  examination  and  gradua- 
tion of  all  pupils  who  satisfactorily  complete  the  pre- 
scribed course. 


XXIII.  A  board  of   education  has  no  authority  to  prescribe  additional 
branches  to  those  provided  by  law,  or  to  require  them  to  be  taught. 


SCHOOL  LAW  OF  WEST  VIRGINIA.  17 

XXXI.  The  Theory  and  Art  of  Teaching  as  enumerated  in  Section  11  is 
not  to  be  understood  as  being  one  of  the  branches  required  to  be  tanght'in 
the  primary  schools,  but  teachers  are  required  to  pass  an  examination  in 
the  same,— See  Section  29.— as  they  are  in  all  branches  required  to  be  taught 
under  the  provisions  of  this  section. 

XXXII.  Trustees  should  be  very  carefjal  not  to  unnecessarily  interfere 
with  a  teacher  in  relation  to  matters  pertaining  to  the  conduct  and  govern- 
ment of  his  school.    I  do  not  think  a  teach«r  should  be  compelled  to  give 
instruction  to  pupils    *    *    in  all  branches  prescribed  by  law  without  ref- 
erence to  proper  grade.— Alfrtd  Calduiell,  Attorney-General. 

XXMIII.  It  is  the  official  duty  of  the  county  superintendent  to  see  that 
the  graded  course  of  study  for  country  and  village  schools  is  thoroughly 
introduced  into  the  said  schools  of  his  county.  But  it  is  not  the  county 
sup*  rintendent  alone  upon  whom  this  responsibility  rests .  The  law  makes 
it  the  duty  of  members  and  secretaries  of  boards  of  education  and  of  trus- 
tees and  teachers  as  well,  to  perform  their  whole  duty,  seeing  to  it  that  the 
course  of  study,  with  grading  according  to  accompanying  plan,  shall  be 
fully  introduced  into  every  country  and  village  school  in  the  State. 

lla.  I.  That  the  nature  of  alcoholic  drinks  and  nar-  Nature  and 
cotics,  and  special  instruction  as  to  their  effects  upon  the  ffi&  (BtoS?*" 
human  system,  in  connection  with  the  several  divisions  must  beln' 
of  the  subject  of  physiology  and   hygiene,  shall   be  in- taught- 
eluded  in  the  branches  of  study  taught  in  the  common  or 
public  schools,  and  shall  be  taught  as  thoroughly  and  in 
the  same  manner  as  other  like  required  branches  are  in 
said  schools,  and  to  all  pupils  in  all  said  schools  through- 
out the  State. 

11.  It  shall  be  the  duty  of  the  proper  officer  in  control  Fine  for  faii- 
of  any  school  described  in  the  foregoing  section  to  en- ure  to  teach< 
force  the  provisions   of  this  act;  and  any  such  officer, 

school  director,  committee,  superintendent  or  teacher  who 
shall  refuse  or  neglect  to  comply  with  the  requirements 
of  this  act,  or  shall  neglect  or  fail  to  make  proper  pro- 
visions for  the  instruction  required  and  in  the  manner 
specified  by  the  first  section  of  this  act,  for  all  pupils  in 
each  and  every  school  under  his  jurisdiction,  shall  be  re- 
moved from  office,  and  the  vacancy  filled  as  in  other 
cases. 

III.  No  certificate  shall  be  granted  to  any  person  to  Teachers  to  be 
teach  in  the  public  schools  of  the  State,  after  the  first  of'8yamined- 
January,  annodomini,  eighteen  hundred  and  eighty-nine, 
who  has  not  passed  a  satisfactory  examination  in  physi- 
ology and  hygiene,  with  special  reference  to  the  nature 
and  the  effects  of  alcoholic  drinks  and  narcotics  upon 
the  human  system. 

12.  The  trustees  shall  be  under  the  supervision  and  Trustees 
control  of  the  board  of  education,  and  in  all  cases  the 
action    of  the  trustees  shall  be  subject  to  the  revision 

and  correction  of  the  board  of  education,  on  the  motion 


18 


SCHOOL  LAW  OF -WEST  VIRGINIA. 


Transfer  of 


Tuition. 


Time  of  elect- 
ing teacaers. 


Form  el 
contract. 


of  any  member  thereof,  or  upon  the  complaint  in  writ- 
ing- of  any  three  tax- payers  of  their  sub-district. 

Whenever  it  shall  happen  that  the  persons  authorized 
to  attend  school  are  so  situated  as  to  be  better  accommo- 
dated at  the  primary  school  of  an  adjoining  sub-district, 
whether  in  the  same  or  in  an  adjoining  district  or  county, 
or  whenever  it  may  be  necessary  to  establish  a  school 
composed  of  pupils  from  parts  of  two  sub-districts, 
whether  in  the  same  or  in  an  adjoining  district  or  county, 
it  shall  be  the  duty  of  the  trustees  of  the  sub-districts 
interested  to  transfer  such  persons  for  school  purposes 
to  the  sub -district  in  which  such  school  house  is,  or  may 
be,  situated;  but  the  enumeration  of  youth  shall  be  taken 
in  each  sub-district  as  if  no  transfer  had  been  made,  and 
the  trustees  of  the  sub-district  in  which  the  school  is  sit- 
uated shall  have  the  management  of  such  school. 

But  in  all  cases  of  transfer  of  pupils  from  one  district 
to  another,  the  board  of  education  of  the  district  from 
which  the  transfer  is  made  shall  pay  to  the  board  oi 
education  of  the  district  in  which  the  school  is  carried 
on,  such  proportion  of  the  cost  of  said  school,  as  the 
scholars  so  transferred  bear  to  the  whole  number  oi 
scholars  taught  in  such  school. 

XXXIV.  "Thi^  section  was  not  intended  nor  dops  it  authorize  trustees 
to  transfer  pupi's  from  a  sub-districc  to  an  independent  school  district. "— 

Caldwelli  Attunui/  General. 

XXXV .  The  cost  of  the  tuition  of  the  transferred  pupils  should  be  estimat 
ed  f  om  the  lime  the  transfer  takes  effect  until  it  expires  f  r  the  pupils  are 
withdrawn. 

XXXVI.  No  transfer  is  complete  until  the  trustees  of  the  sub-district  tc 
which  transfers  have  been  made  have  agreed  io  accept  the.  pupils. 

XXXVII.  When  pupils  are  transferred  to  an  adjoining  sub-district  in 
another  district  it  is  the  duty  of  the  trustees  making  the  transfers,  although 
they  are  noi  required  to  do  so  by  statut •>.  ro  notify  their  hoard  of  education 
of  all  transfers  made  I  y  them,  and  the  said  board  of  education  i--i  required 
by  this  section  to  pay  to  tiae  board  of  education  of  rhe  district  to'which  the 
pupils  have  been  transferred  such  proportion  of  the  cost  of  said  school  oi 
schools  as   thepHpils  so  tiansferred  bear  to  the  whole  number  of  pupils 
taught  in  said  schools  during  the  time  of  the  transfers. 

13.  The  trustees  of  every  sub-district  shall  have 
charge  of  the  schools  therein  and  shall  meet  at  the 
school  house  of  their  sub-district  on  the  third  Monday 
in  July  of  every  year,  or  as  soon  thereafter  as  prac- 
ticable and  appoint  a  teacher  or  teachers  for  the  coming- 
session  of  their  school,  and  in  such  appointment  at  least 
two  of  the  trustees,  who  are  the  trustees  for  the  ensuing 
year,  shall  concur,  and  such  appointment  shall  be  in 
writing  in  the  form  of  a  contract,  according  to  the  form 
furnished  by  the  State  Superintendent  of  Free  Schools 
and  said  form  shall  state  that  the  trustees  whose  signa- 
tures are  affixed  thereto,  met  together  as  herein  re- 


SCHOOL  LAW  OF  WEST  VIRGINIA.  19 

quired,  and  said  contract  shall  be  filed  with  the  secre- 
tary of  the  board  before  the  beginning  of  the  term  for 
which  said  teacher  is  employed. 

If  the  appointment  of  any  teacher  be  otherwise  than 
at  a  meeting  herein  authorized,  the  board  of  education 
may  declare  such  contract  illegal,  if  the  declaration  be 
made  by  the  board  before  the  time  mentioned  in  the 
contract  for  the  beginning  of  the  school  term.     Any  Teacher  may 
teacher  so  appointed  may  be  removed  by  the  trustees  orb9  r''moved 
by  the  board  of  education  for  in  competency,  neglect  of 
duty,  intemperance,  profanity,  cruelty,  or  immorality. 

The  trustees  shall  exclude  from  any  school  under  their  Pupil  may  be 
charge  any  person  having  a  contagious  or  infectious  dis-  Spelled"*™: 
ease,  and  they  may  suspend  or  expel  any  scholar  found 
guilty  of  any  disorderly,  refractory,  indecent,  or  im- 
moral conduct,  and  may  refuse  to  admit  such  scholar 
again  to  the  school  until  satisfied  that  he  will  properly 
conduct  himself  thereafter.  But  the  trustees  shall  take 
no  action  or  proceeding  relating  to  the  removal  of 
teachers  or  the  suspension  or  expulsion  of  any  scholar 
from  school  unless  at  a  meeting  of  which  the  trustees 
have  all  had  notice,  and  when  at  least  two  of  their  num- 
ber shall  be  present  and  concur  in  such  action  or  pro- 
ceeding, and  their  action  in  each  particular  shall  be  sub- 
ject to  the  revision  and  correction  of  the  board  of  edu- 
cation upon  complaint  in  writing  of  a  majority  of  the 
patrons  of  the  school,  residing  within  the  sub-district  in 
which  such  action  has  been  taken.  Any  trustee  may,  Trustee  may 
for  good  cause  shown  be  removed  f rom  office  by  the  be  n  moved- 
board  of  education  upon  five  days  notice  in  writing,  of 
the  cause  alleged  for  his  removal,  and  of  the  time  and 
place  the  board  will  take  action  thereon. 

Whenever  at  the  end  of  any  school  month  the  daily  i1*^ 
average  attendance  for  that  month  has  been  less  than 
thirty-five  per  cent,  of  the  whole  number  of  pupils 
enumerated  in  the  sub-districts,  the  trustees  may  dismiss 
the  teacher  and  discontinue  the  school,  unless  otherwise 
directed  by  the  board  of  education;  and  no  high  school 
shall  be  continued  if  at  the  end  of  any  school  month,  it 
has  not  had  an  average  daily  attendance  of  twenty-five 
scholars. 

And  it  is  further  expressly  provided  that  should 
trustee  of  any  sub-district  or  member  of  the  board  of 
education  receive  any  money  or  other  thing  of  value  for 
his  aid,  assistance  or  vote  in  securing  to  any  teacher  a 
school  or  employment  in  any  district  or  independent 
school  district  in  the  State,  'in  which  said  trustee  or 
member  of  the  board  of  education  is  authorized  by  law 
to  act,  shall  be  guilty  of  a  felony  and  upon  conviction 
thereof  shall  be  punished  as  provided  in  chapter  147  of 


20 


SCHOOL  LAW  OF  WEST  VIRGINIA. 


Trustees 

Jnspeo?d 
schools. 


the  Code  of  this  State,  and  the  teacher  who  offers  or  ten    | 
ders  to  such  trustee  or  member  of  the  board  of  education  ] 
any  money  or  other  thing  of  value  to  influence  the  same, 
in  aid  of  securing  a  school,  he  shall  be  liable  to  punish 
ment  as  provided  in  said  chapter., 

XXXVIII.  Neither  boards  of  education  nor  trustees  have  authority  to 
employ  a  person  to  teach  in  the  free  schools  of  this  State  unless  such  per-  * 
son  presents  a  certificate  in  duplicate  still  in  force  of  his  qualification  to 
teach  a  school  of  the  grade  for  which  he  applies.  For  decision  regarding 
duplicate  certifiate,  see  same  under  section  28.  Teachers  employed  as 
substitutes  should  hold  same  grade  of  certificate  as  those  whose  places 
they  fill. 

XXXXIX.  A  teacher  has  the  right  to  punish  pupils  placed  under  his 
charge-  tor  infractions  of  the  rules  governing  the  school.  But  like  the 
parent  who  has  the  right  to  enforce  obedience,  he  is  answerable  for  the 
abuse  of  the  trust. 

XL.  The  trustees  of  a  school  have  authority  to  contract  with  a  teacher 
for  the  length  of  time  a»d  the  price  per  month  prescribed  by  the  board  of 
education,  and  the  board  must  provide  for  its  payment. 

14.  The  trustees  shall  visit  every  school  under  their 
charge  within  two  weeks  after  the  opening,  and  again 
within  two  weeks  before  the  close  thereof,  and  at  such 
other  times  as  in  their  opinion  may  be  useful  to  do  so. 
During  such  visits,  they  shall  inspect  the  register  of 
every  teacher  and  see  whether  it  has  been  properly  kept, 
and  ascertain  whether  the  scholars  have  supplied  them- 
selves with  books  and  other  things  requisite  for  their 
studies,  whether  the  school  house  and  grounds,  furni- 
ture, apparatus  and  library  are  kept  in  good  order; 
whether  anything  injurious  to  the  health  is  suf- 
ered  to  remain  about  the  house  or  grounds,  and 
whether  the  school  house  is  well  ventilated  and 
kept  comfortable,  as  the  season  may  require;  and  where 
it  is  necessary,  provide  and  promptly  apply  the  proper 
remedy. 

They  shall  also  during  such  visits  make  such  examina- 
tion and  enquiry  as  they  may  deem  useful  respecting  the 
studies,  discipline  and  general  condition  of  the  school, 
and  the  conduct  and  proficiency  of  the  scholars;  and  give 
such  directions  or  make  such  suggestions  to  the  teachers, 
as  in  their  opinion,  will  promote  the  interest  of  the 
school,  and  the  health,  morals  and  progress  of  the 
scholars. 


XLI.  The  duty  of  visiting  the  schools  is  made  obligatory  upon  the  trus- 
tees, and  they  should  faithfully  comply  with  the  law  in  this  matter. 

XLII.  The  leading  object  of  the  trustees  on  this,  their  first  yisit,  should 
be  the  examination  of  the  sanitary  condition  of  the  school  building  and 
out-houses.  The  health  of  both  teachers  and  pupils  depend  upon  health- 
ful surroundings. 

keep  school         15.  They  shall  cause  the  school  houses  under  their 
order,  n        charge  and  everything  pertaining  thereto,  to  be  kept  in 


SCHOOL  LAW  OF  WEST  VIRGINIA.  Ji 

good  order  and  repair,  and  for  this  purpose  it  shall, 
among  other  things,  be  their  duty  to  cause  proper  suits 
and  prosecutions  to  be  instituted,   in  the  name  of  the 
board  of  education  of  the  district  or  otherwise,  against 
every  person  who  shall  injure  or  destroy  any  school 
property  of  which  the  said  trustees  have  charge;  and 
they  shall  not,   without  the  permission  of  the  district 
board  of  education,  allow  said  school  houses  to  be  used 
for  any  other  purpose  whatever,  except  for  the  purpose  Trusteos  may 
of  holding  religious  or   literary  meetings  and  Sunday  JoSsc^he1 
schools,  equally  by  the  various  religious  denominations  used  for  cer- 
that  may  apply  for  the  same,  and  further  for  such  other ta 
meetings  as  may  be  considered  beneficial  to  the  public 
generally  under  such  regulations  as  to  the  care  thereof 
as   may  be   prescribed  by  them;  Provided,  That  such 
meetings  shall  not  interfere  with  the  public  schools. 

The  trustees  shall  furnish  to  the  board  of  education 
estimates  of  all  improvements  necessary  to  the  preserva- 
tion or  repair  of  buildings,  grounds  and  furniture  under 
their  charge. 

XLIII.  The  trustees  of  a  school  may  allow  religious  exercises  held  in 
their  school  house.  They  mny  prescribe  conditions,  etc.  They  may  refuse 
to  allow  the  school  house  to  be  used  for  this  purpose.  In  either  case,  on 
motion  of  any  member  of  the  board  of  education,  or  th«  petition  in  writing 
of  three  tax-payers  of  the  sub-district,  tbe  action  of  the  trustees  may  be 
reviewed  and  reversed  or  affirmed.  The  county  superintendent  has  no 
authority  in  the  matter. 

XLIV.  "Debating  societies,"  teachers'  meetings,  school  exhibitions  and 
spelling-schools,  together  with  any  other  meetings,  having  for  their  object 
the  advancement  of  the  school  interests  of  the  sub-district,  and  being  of  a 
literary  character,  if  conducted  in  a  respectable  manuar,  come  within  the 
meaning  of  the  words  "literary  meetings,"  as  used  in  the  fifteenth  section 
of  the  school  law. 

XLV  If  tone  trustees  of  a  school  refuse  the  use  of  a  school  house  for 
religious  purposes,  an  appeal  may  be  taken  to  the  board  of  education.  The 
decision  of  the  board  is  final,  either  for  or  against.  They  may  absolutely 
exclude  all  denominations  from  the  school  house. 

XLVI.  Religious  and  literary  societies  and  teachers  of  select  schools, 
may  be  required  to  give  security  for  the  protection  of  school  property  where 
trustees  are  asked  to  allow  the  school  house  to  be  used  for  the  meetings  of 
s-uch  societies.  The  use  of  public  school  property  for  such  purposes  is  a 
privilege,  not  a  right. 

XLVII  I  think  that  the  trustees,  with  the  consent  of  the  board  of  edu- 
cation, can  allow  the  school  house  to  be  used  for  the  purpose  of  holding  a 
select  school ;  provided  it  does  not  interfere  with  the  public  school.  I  am 
also  of  tfi?  opinion  that  the  action  of  the  trustees  in  either  refusing  or  grant- 
ing the  use  of  a  school  house  for  the  purposes  above  mentioned  may  be  re- 
viewed by  the  board  of  education  of  the  district  The  party  so  occupying 
the  school  house  may  be  required  to  give  security  for  the  proper  care  and 
use  of  the  building  —T.  S.  Riley,  Attorney  General. 

L5a.  [Section  19,  chapter  14«  code,  chapter  13,  Acts 
18S7.]  If  a  person  willfully  interrupt,  molest  or  disturb 
any  free  school,  or  other  school,  literary  society  orschoo 
any  other  society  formed  for  intellectual,  social  or 
moral  improvement,  organized  or  carried  on  under  or 
in  pursuance  of  the  laws  of  this  State,  or  any  Sunday 


22  SCHOOL  LAW  OF  WEST  VIRGINIA. 

school,  or  other  school,  or  school  exhibition,  or  any 
society  lawfully  carried  on,  he  shall  be  guilty  of  a  mis- 
demeanor, and  fined  not  less  than  ten  nor  more  than 
fifty  dollars,  or  at  the  discretion  of  the  court,  be  con- 
fined in  the  jail  of  the  county  not  more  than  thirty  days, 
in  addition  to  said  fine. 


15J.  If  any  person  shall  willfully  disturb,  molest,  or 
interrupt  any  literary  society,  school,  or  society  formed 
for  intellectual  improvement  or  any  other  school  or 
society  organized  under  the  laws  of  this  State,  or  any 
school,  society,  or  meeting  formed  or  convened  for  im- 
provement in  music,  either  vocal  or  instrumental,  or 
for  any  moral  and  social  amusement,  the  person  so 
off  ending  shall  be  deemed  guilty  of  a  misdemeanor,  and 
on  conviction  thereof,  shall  be  fined  not  less  than  five 
dollars,  and  may  be  imprisoned  in  the  county  jail  not 
exceeding  ten  days. 


must  16.  The  trustees  of  each  sub-district  shall  keep  exact 
account  of  account  of  all  necessary  expenses  incurred  by  them  in 
the  performance  of  their  duties,  and  render  to  the  sec- 
retary of  the  board  of  education,  at  or  before  their  last 
meeting  for  the  current  school  year,  written  accounts, 
by  items,  of  all  such  expenses,  which,  if  the  board  find 
correct,  they  shall  pay  by  an  order  to  the  sheriff,  drawn 
on  the  building  fund  of  the  district,  signed  by  the  sec- 
retary and  president. 

purcheie?e?      ^&  trustees  of  any  sub-district  may  purchase  fuel, 
tain  articles    water  buckets,  brooms,  coal  hocfs,  shovels,  pokers,  stove 
tainrepatrser"pipes5  crayons,  erasers  and  dippers,  for  use  in  school 
rooms.     They  may    make    such    repairs    in    windows, 
doors,  benches,  desks,  floors,  walls,  ceilings  and  roofs 
as  will  render  the  house  comfortable.     For  such  pur- 
chase or  repairs  they  shall  render  to  the  secretary  of 
the  board  of  education  an  account,  which,  if  the  board 
find  correct,  they  shall  pay  out  of  the  building  fund  of 
the  district. 

Trunks:  No  one  trustee  shall,  by  himself,  have  any  power  to 

perform  any  duty  required  by  law  of  the  trustees,  who 
shall  meet  at  a  time  and  place  fixed  by  two  of  their 
number,  the  other  having  had  reasonable  notice  of  such 
meeting,  and  two  of  the  trustees  shall  constitute  a  quo- 
r.ecord  of  rum,  and  they  shall  keep  a  record  of  their  acts  and  pro- 
ceedings in  a  book  to  be  furnished  them  by  the  board 
of  education  for  that  purpose,  such  book  to  be  turned 
over  by  them  to  their  successors  in  office. 


SCHOOL  LAW  OF  WEST  VIRGINIA. 

XLVIII.  While  trustees  are,  api>-  ,  hoard  of  education, their  powers 

are  pres  Bribed  and  their  duties  imposed  by  law  :  and  by  section  12  of  cftap- 
ter  45,  of  the  Code,  the  actions  of  ?uch  trustees  are  subject  to  the  rev-s'on 
and  correction  of  the  board  of  education  on  proper  motion  or  complaint 
made ;  yet  no  power  is  given  the  board  to  interfere  with  or  prevent  a  proper 
discharge  by  the  trustees,  of  the  duties  imposed  upon  them  as  such  bv 
law.. 

By  section  16  of  chapter  45  of  the  Code,  it  is  provided,  among  othwr  things 
that  "the  trustees  of  any  sub-district  may  purchase  fuel,  water  buckets' 
brooms,  coal  hods,  shovels,  pokers  stovepipes  and  dippers  for  use  in 
school  rooms.  *  *  For  such  purchases  they  shall  render  to  the  seere 
tary  of  the  board  of  education  an  account  which,  if  the  board  find  correct 
fchey  shall  pay  out  of  the  building  fund  »ff  the  district." 

If  then  the  "board,  upon  examination  or  rf-visal,  find  the  account  correct, 
they  cannot  alter,  amend  or  repudiate  it;  but  in  the  language  of  the  law' 
they  shall  pay  it  out  of  the  building  fund  of  the  district.— C.  C.  Watts,  At- 
torney-General. 

17.  White  and  colored  persons  shall  not  be  taught  in  white  and  coi- 
the  same  school;  but  to  afford  to  colored  children  the  muft^S?18 
benefits  of  a  free  school  education,  it  shall  be  the  duty  of  attend  same 
the  trustees  of  every  sub-district  to  establish  therein, scnooL 

one  or  more  primary  schools,  for  colored  persons  be- 
tween the  ages  of  six  and  twenty-one  years,  whenever 
the  number  of  such  persons  residing  therein,  and  be- 
tween the  ages  aforesaid,  exceeds  fifteen  according  to 
the  enumeration  made  for  school  purposes.  The 
trustees  of  two  or  more  sub-districts,  whether  in  the 
same  or  adjoining  districts  or  counties,  may,  by  agree- 
ment with  each  other,  join  in  establishing  a  primary 
school  for  colored  children  residing  in  said  sub-districts, 
and  such  schools  so  established  shall  be  subject  to  the 
same  regulations  as  are  provided  for  the  schools  for 
white  children,  in  section  i  2  of  this  chapter. 

XLIX.  If  th«  colored  popular  ion  of  ,-ichool  age  exceeds  fifteen,  a  school  must 
be  established  for  thejr  accommodation.  If  there  are  not  so  many,  th  »t  is 
if  the  number  be  fewer  thau  fifteen,  they  may  be  transferred  to  an  adjoin- 
ing sub-district  in  which  a  colored  school  exists,  such  transfers,  to  be  made 
according  to  regulations  prescribed  in  section  12. 

L.  "When  a  school  has  beeu  established  for  colored  pupil ,  under  s*%ctiou 
17  it  must  be  kept  open  and  continued  &s  Ion,?  as  the  schools  for  whites  in 
the  «ame  district.  The  colored  children,  after  ths  school  is  established 
under  that  section,  are  entitled  of  right  to  t*ie  same  apparatus,  necessary 
furniture,  and  schooi  appliances  as  welJ  as  the  same  length  of  school  term 
as  the  white*  in  sch  iols  of  like  grade,  no  matter  how  iittle  or  how  great 
the  ta?es  collected  from  the  o.  ,lored  people  of  the  district  may  be.  There 
is  nothing  in  th*-  18th  section  to  affect  this  view.  The  18th  section  deals 
with  another  case  entirely  and  oaitnot  affect  in  any  way  a  sub-district 
where  a  coif-red  school  is  established  in  accordance  with  law."— Alfred 
Calfhrcll,  Attorney-General 

18.  Whenever,  in  any  school  district,  the  benefit  of  a  Division  of 
free  school  education  is  not  secured  to  the  colored  chil-  £jn( 
dren  residing  therein,  in  the  manner  mentioned  in  the  children, 
preceding  section,  the  fund  applicable  to  the  support  of 

free  schools  in  such  sub-district,  whether  received  from 
the  State  or  local  taxation,  shall  be  divided  by  the  board 
of  education  in  the  proportion  which  the  number  of 
colored  children  bears  to  the  number  of  white  children 
therein,  according  to  the  latest  enumeration  made  for 
school  purposes;  and  the  share  of  the  former  shall  be 


t'-i  SCHOOL  LAW  OF  WEST   VIRGINIA. 

set  apart  for  the  education  of  colored  persons  of  the 
proper  a<re,  residing1  in  such  sub-district,  or  district,  and 
be  applied  for  that  purpose  from  time  to  time  in  such 
way  as  the  board  of  education  of  the  district  may  deem 
best.  Any  board  of  education  failing  to  comply  with 
this  section  may  be  compelled  to  do  so  by  the  circuit 
court  of  the  county,  by  mandamus. 

Enumeration  19.  The  board  of  education  of  each  district  and  inde- 
pendent school  district  shall  require  the  teacher  or 
teachers  in  each  sub-district  or  independent  school  dis- 
trict, annually,  before  the  close  of  the  school  or  schools, 
not  later  than  the  first  day  of  April,  to  make  an  enum- 
eration of  all  the  youths  resident  in  such  sub-district  or 
independent  school  district,  who  shall  be  over  six  years 
and  under  twenty-one  years  old,  on  the  first  day  of  July 
following,  distinguishing  between  male  and  female, 
white  and  colored. 

The  enumeration  shall  be  taken  in  two  classes  as  fol- 
lows:    One  class  shall  contain  all  youths   between  the 
ages  of  six  and  sixteen  years,  and  the  other,  youths  be- 
tween sixteen  and   twenty-one  years  respectively.     The 
enumeration  shall  be  verified   by  the  affidavit  of   the 
teacher  who  took  the  same,  before  some  person   quali- 
fied to  administer  oaths,  to  the  effect  that  he  used  all 
Enumeration ;  means  in  his  power  to  make  it,  and  believes  it  to   be 
Sot  tatliu°r     correct,  and  shall  return  such  enumeration  to  the  secre- 
tary of  the  board  of  education  of  the   district  with  the 
term  report  of  such  school,  or  not  later   than  the   first 
day  of  April;  and  unless  such  enumeration  be  properly 
taken  and  returned,  the  teacher  shall  not  be  entitled  to 
demand  payment  of  the  balance  due  on  his  salary,  or  so 
much  thereof  as  shall   be   necessary  to  defray  the  ex- 
penses of  the  enumeration  as  herein  provided. 
Tcachars  ex-       No  teacher  in  this  State  shall  be  required  to  serve  on 
cfrtSn1  duties  any  illlT?  nor  ^°  work  on  the  roads,   while  his  school  is 

"in  actual  operation. 

Enumeration;  The  secretary  of  the  board  of  education  shall  keep  a 
keep^fecord*  recor(^  m  n^s  office  of  the  enumeration  of  youth  so  taken, 
ot  and  shall  annually,  on  or  before  the  fifteenth  day  of 

April  transmit  a  certified  copy  of  such  enumeration  to 
the  county  superintendent  of  his  county.  When  such 
enumeration  for  any  district  or  sub-district  shall  not  be 
received  by  the  county  superintendent  before  the  twen- 
tieth day  of  April  in  any  year,  it  shall  be  his  duty,  with- 
out delay,  to  employ  a  competent  person  to  take  and 
verify  the  same  as  aforesaid.  The  person  taking  and 
verifying  such  enumeration  shall  be  paid  a  reasonable 
compensation,  to  be  allowed  by  the  board  of  education, 
not  to  exceed  two  dollars  per  day  for  the  time  necessa- 


SCHOOL  LAW  OF  WEST  VIRGINIA.  25 

rily  consumed,  and  paid  by  an  order  of  said  board, 
signed  by  the  president  and  secretary,  out  of  the  build- 
ing fund  of  such  district. 

jn  eithqr  case  the.  county  superintendent  as  soon  as  he  county  super- 
receives  the  enumeration  for  any  district  or  independent  tS^wt!1 
school  district,  and  not  later  than  the  first  day  of  May, 
shall   forward    to    the   State   Superintendent  of  Free 
Schools  a  statement  of  the  number  of  youths  of  school 
age  therein.     The  State  Superintendent  of  Free  Schools 
snail   prescribe  and  furnish  all  blanks  to  be  u^ecl  f or 
taking  the  enumeration  of  youth. 

LI.  A  correct  enumeration  of  the  Fchool  youth  Is  one  of  the  most  im- 
portant matters  connected  with  the  school  work  of  the  State,  for  it  is  the 
basis  upon  which  the  distributable  school  fund  of  the  State  is  disbursed. 
The  s'-civtury  should  carefully  examine  the  enumeration  report  from  every 
sub-district  and  satisfy  himself  of  its  accuracy. 

LI  I.  The  secretary  of  the  board  is  authorized  to  administer  oaths  to 
teachers  as  to  the  correctness  of  their  reports  of  enumeration.  See  Sec- 
tion s. 

20.  The  trustees  of  each   sub-district  shall  make  a  Trustees 
report  to  the  secretary  of  the  board  of  education  of  their  1>eP°rt- 
district,  at  or  before  their  last  meeting  in  each  school 
year,  setting  forth  in  reference  to  their  sub-district,  the 
following  particulars;  that  is  to  say:     The  condition  of 
school  houses  under  their  charge;  the  value  and  kind  of 
apparatus;  the  number  of  volumes  in  school  libraries 

and  their  value,  with  such  explanations,  remarks  and 
additional  information  as  the  said  trustees  may  deem 
useful,  or  as  the  blanks  furnished  by  the  State  Superin- 
tendent of  Free  Schools  may  require.  They  shall  also 
report  the  same  particulars  in  relation  to  any  schools 
under  their  charge  for  colored  persons. 

LIII.  Trustees  should  make  their  annual  report  as  prescribed  in  form  No. 
7,nt  the  close  of  the  year  (June  80)  waether  the  school  closed  then  or  not. 

21.  The  secretary  of  the  board  of  education  to  whom  secretary  s 
the  report  of  the  trustees  shall  have  been  made,   asreport' 
provided  in   the   twentieth    section,    shall    revise    the 

said  reports,  and  if  they  be  found  erroneous  or  de- 
fective, may  return  them  for  correction.  From  the  cor- 
rected report  and  the  teachers'  registers,  provided  for 
in  the  thirtieth  section  of  this  chapter,  and  such  other 
authentic  information  as  he  may  be  able  to  obtain,  he 
shall  make  a  report  to  the  county  superintendent  on  or 
before  the  twentieth  day  of  July,  annually,  in  tabular 
form,  by  sub-districts,  embracing  each  particular  re- 
ported to  him  by  the  said  trustees'  reports  and  teachers' 
reo-isters,  and  showing  the  aggregate  or  average  of  each, 
as  the  case  may  require,  for  his  district. 


26  SCHOOL  LAW  OF  WEST  VIRGINIA. 

And  he  shall  further  report  to  the  county  superintend" 
ent  on  or  before  the  twentieth  day  of  July,  annually,  the 
following  additional  particulars  in  reference  to  his  dis- 
trict, for  the  year  ending  on  the  preceding  thirtieth  day 
of  June,  that  is  to  say:  The  rate  and  amount  of  the  tax 
levied  for  the  teachers'  fund  and  the  building  fund  re- 
spectively; the  amount  of  such  taxes  collected  and 
placed  to"  the  credit  of  each  of  these  funds;  the  amount 
received  from  the  State  for  the  teachers'  fund;  the 
amount  of  the  balance  in  the  treasury  at  the  beginning 
of  the  school  vear  for  each  fund;  the  amount  of  receipts 
from  all  other  sources  placed  to  the  credit  of  each  fund; 
the  amount  expended  for  the  pay  of  teachers,  male  and 
female,  white  and  colored,  respectively;  the  amount  of 
commission  paid  to  the  sheriff  or  collector;  the  amount 
of  the  delinquent  list  returned  by  said  collector;  the 
amount  of  the  balance  in  hand  at  the  close  of  the  school 
year  for  each  fund;  the  amount  expended  for  the  pur- 
chase of  sites  for  school  houses,  and  for  the  construction 
and  furnishing  of  the  same;  and  for  the  rent,  hire  and 
repair  of  such  property;  the  amount  expended  for 
such  furniture,  for  apparatus,  for  interest,  for  the  enu- 
meration  of  youth,  and  for  contingencies;  also,  the  num- 
ber of  volumes  in  school  libraries  and  their  value;  total 
receipts;  total  expenditures,  with  such  explanations, 
remarks  and  additional  information  as  he  may  deem 
proper,  or  as  the  blanks  furnished  by  the  State  Super- 
intendent may  require.  He  shall  also,  in  like  manner, 
report  all  particulars  pertaining  to  any  colored  school 
or  schools  in  his  district,  including  the  number  taught 
.therein,  and  for  what  length  of  time. 

secretary's          For  this  report  the  secretary  shall  be  allowed  out  of 

formakinti011  ^e  building  f und,  in  addition  to  his  salary  as  secretary, 

report.  n       ten  dollars;  but  the  board  of  education  shall  in  no  case 

order  this  sum  to  be  paid  until  the  county  superintendent 

has  certified  to  them  that  the  said  report  has  been  made, 

and  that  it  is  correct  and  complete,  and  made  within  the 

time  specified  in  this  section. 

LIV.  In  the  case  of  summer  schools  where  a  part  of  the  term  is  finished 
in  one  year  and  apart  in  the  next,  the  financial  condition  of  the  district 
imist  be  reported,  just  as  it  is,  without  regard  to  what  may  or  may  not  be 
contracted  for.  In  the  estimate  for  the  levy  the  amount  of  partially  exe- 
cuted contracts  and  the  balance  on  hand  to  pay  them  must  be  considered. 
The  statistical  report  of  such  schools  should  be  made  in  the  year  in  which 
they  close. 

LV.  The  secretary's  annual  report  cannot  be  completed  before  the  sher- 
iff 's  settlement  with  the  board  of  education.  County  superintendents  must 
not  issue  orders  for  the  pay  of  secretaries  until  tney  present  correct  and 
complete  reports.  The  law  provides  this  in  declaratory  terms. 

LVI.  Chapter  29,  $  67  Code,  requires  the  secretary  of  every  school  dis- 
trict and  independent  school  district  through  which  a  railroad  runs  in 
each  county,  within  thirty  days  after  the  levy  is  laid  for  free  school  and 
building  purposes,  or  either,  to  certify  to  the  auditor  the  amount  so  levied, 
etc' 


SCHOOL  LAW  OF  WEST  VIRGINIA.  27 

22.  The  county  superintendent  shall  receive  and  revise  county  super- 
the  reports  made  to  him  as  aforesaid,  and  see  that  they  Sporfc  Vi 
are  in  proper  form  and  according  to  intent  of  law;  and 
when  deficiencies  or  errors  are  found  to  exist,  shall  re- 
turn them  for  correction.  From  these  reports  and  such 
other  authentic  information  as  he  can  obtain,  he  shall 
in ;ike  report  to  the  State  Superintendent  of  Free 
Schools,  on  or  before  the  first  day  of  August,  annually, 
or  as  soon  thereafter  as  possible,  setting  forth  in  refer- 
ence to  each  district  of  his  county,  for  the  year  ending 
on  the  preceding:  thirtieth  day  of  June,  the  several  par- 
ticulars mentioned  in  the  twentieth  and  twenty-first 
sections,  with  the  proper  aggregate  or  average  of  each 
for  the  county;  and  shall  make  the  apportionment,  and 
report  such  apportionment  to  the  auditor,  and  also  re- 
port whether  the  districts  have  made  the  levy  for  school 
purposes  required  by  this  chapter. 

LVII.  The  report  of  the  county  superintendent  should  be  made  not  later 
than  the  first  day  of  August,  as  prescribed  by  law,  that  the  State  Superin- 
tendent may  complete  his  annual  report,  which  he  should  have  compiled 
for  the  Governor  not  later  than  the  first  day  of  October. 

LVIII.  The  apportionment  of  the  General  School  Fund,  made  by  the 
county  superintendent,  should  be  reported  to  the  State  Superintendent,  as 
well  as  to  the  auditor. 

•23.  The  school  year  shall  commence  on  the  first  day  school  year. 
of  July,  and  close  on  the  thirtieth  day  of  June,  and  all 
reports,  accounts  and  settlements  respecting  the  free 
schools  of  this  State  shall  be  made  with  reference  to 
the  school  year. 

LIX.  If  any  school  opens  after  the  first  day  of  April,  (the  time  required 
for  the  enumeration  to  be  returned  by  the  tewcher),  if  the  teacher  so  open- 
ing the  school  ha?  not  taken  the  enumeration  and  returned  it, it  is  the  duty 
of  the  county  superintendent  to  employ  some  cue,  as  the  law  directs,  to 
take  the  enumeration  of  that  f-uh-district.  The  pay  to  such  person  would 
not  be  properly  deducted  u cm  the  teacher's  salary,  who  opined  the  schcol 
after  the  time  required  for  the  enumeration  to  be  returned. 

LX.  If  a  school  opens  so  near  the  close  of  the  school  year  thatbycon- 
tinuiug  in  session  all  the  school  days  to  the  end  of  the  year  the  term  will 
not  be  finished  b-fore  the  year  closes,  the  remaining  time,  under  the  con- 
tract, may  be  completed  in  the  new  year.  (In  this  case  the  school  should 
be  reported  in  the  new  year.)  If  the  school  onen  in  *mple  time  to  finish 
before  the  close  of  the  year,  but  suspends  before  the  term  is  out,  the  time 
can  not  be  added  to  the  next  year's  term. 

LXI.  The  school  law  contemplates  that  the  financial  affairs  shall  be 
closed  up  at  the  end  of  each  year. 

24.  When  the  board  of  education  of  any  district  deem  Hjgh  school; 
it  expedient  to  establish  a  high  school,  they  shall  submit 
the  question  to  the  voters  of  the  district  on  the  day  and 
month  of  election  named  in  section  two  of  this  chapter, 
of  any  year,  in  the  manner  following,  that  is  to  say:  The 
board  shall  prepare  and  sign  a  notice  setting  forth  the 
kind  of  school  proposed;  the  place  where  it  is  to  be 


SCHOOL  LAW  OF  WEST  VIRGINIA. 

located;  the  estimated  expense  of  establishing  the  same, 
including  cost  of  site,  building,  furniture,  books  and 
apparatus  and  the  estimated  annual  expense  of  support- 
ing the  school  after  it  is  in  operation,  with  such  other 
infr  Cation  concerning  it  as  they  may  deem  proper; 
and  stating  that  the  question  of  authorizing  the  estab- 
lishment of  such  school  will  be  submitted  to  the  voters 
of  the  district,  at  the  election  specified  in  the  notice, 
which  they  shall  cause  to  be  posted  four  weeks  before 
the  election  in  at  least  three  of  the  most  public  places 
in  the  district.  A  poll  shall  thereupon  be  taken  upon 
the  said  question,  at  the  election  specified  in  the  notice, 
and  the  result  ascertained  in  like  manner  as  is  prescribed 
in  section  two  of  this  chapter.  The  ballots  used  on 
voting  on  the  question  shall  have  written  or  printed 
thereon  the  words,  "For  the  high  school,"  or  "Against 
the  high  school."  If  it  appear  by  the  result  of  said  poll 
that  not  less  than  three- fifths  of  the  voters  who  voted 
on  the  question  are  in  favor  of  authorizing  the  establish- 
ment of  said  school,  the  board  of  education  may  then 
proceed  to  obtain  the  site  and  provide  proper  buildings, 
fixtures  and  improvements,  and  procure  necessary  furni- 
ture, books  and  apparatus  for  the  said  school,  to  sup- 
port the  same  after  it  is  put  in  operation ;  for  which  pur- 
tevyifornal  pose  the  board  may  annually  levy  an  additional  tax  on 
high  schools,  the  property  taxable  in  their  district,  not  to  exceed  in 
any  one  year  thirty  cents  on  every  one  hundred  dollars 
valuation  thereof,  according  to  the  latest  assessment  for 
State  and  county  taxation.  The  said  school  shall  be 
under  the  care  and  direction  of  the  board  of  education 
of  the  district  in  which  it  is  established. 

LXII.  The  maximum  rate  of  levy  is  50cf  ntson  the  one  hundred  dollars, 
for  country  and  village  schools  except  as  provided  in  section  40,  hut  for  the 
support  of  high  schools  established  in  accordam-e  with  the  provisions  of 
this  section,  there  may  be  an  additi<  nal  lev/  of  ;-50  cents  on  the  one  hun- 
dred dollars,  thus  making  the  maximum  rate  for  the  support  of  these 
schools  80  cents  on  the  one  hundred  dollars,  and  the  power  to  levy  to  tlrs 
extent  is  granted  to  the  board  by  the  vote  of  the  people  when  the  high, 
school  is  estatlished. 


High  school 
may  be 
established 
by  two  or 
more 
districts. 


25.  In  like  manner,  if  the  boards  of  education  of  two 
or  more  districts,  whether  in  the  same  or  different  coun- 
ties, deem  it  expedient  to  jointly  establish  and  support 
a  high  school,  they  may  submit  the  question  of  author- 
izing the  same  to  the  voters  of  their  districts,  sepa- 
rately, and  in  the  manner  prescribed  in  section  twenty- 
four  of  this  chapter,  specifying  in  the  notice  the  amount 
or  proportion  of  the  expenses  which  each  district  is  to 
contribute;,  and  if  authorized  by  not  less  than  three-fifths 
of  the  voters  voting  on  the  question  in  each  district, 
may  proceed  jointly  to  establish  and  support  the  said 
school;  and  for  that  purpose  the  said  boards  may  annu- 


SCHOOL  LAW  OF  WEST  VIRGINIA.  29 

ally  levy  a  tax  on  the  property  taxable  in  their  respec- 
tive districts,  not  to  exceed  in  any  one  year  the  rate  of 
thirty  cents  on  every  one  hundred  dollars  valuation 
thereof. 

The   said  school  shall  be  under  the  care  and  direc-  Directors  of 
tion  of  directors,  to  be  selected  and  removed  from  time  Bo£>o?igh 
to  time  in  such  manner  as  the  boards  of  education  con- 
cerned may  agree  upon,  or  when  there  is  no  such  agree- 
ment,   under   the   care  and  direction  of  the  board  of 
education  of  the  district  in  which  the  school  house  is 
situated,  and  the  boards  of  education  concerned  shall 
from  time  to  time  prescribe  such  regulations  as  they 
may  deem  necessary  respecting  the  school. 

26.  The  board  of  directors  who  have  the  care  and  care  and 
direction  of  the  said  school  shall  appoint,  and  may  re- 
move  the  teachers,  shall  fix  their  salaries;  prescribe  the 
branches  of  learning  to  be  taught;  the  time  the  school 
shall  be  kept  open;  the  ages  and  qualifications  of  the 
scholars  to  be  admitted,  admit  scholars  from  non-con- 
tributing districts  on  such  terms  of  tuition  as  they  may 
deem  proper;  expel  or  suspend  scholars  when  necessary; 
ascertain  and  certify  the  expenses  of  the  school,  of 
which  they  shall  cause  exact  accounts  to  be  kept;  and 
prescribe  all  needful  regulations  respecting  the  school, 
subject,  nevertheless,  to  any  regulations  respecting  the 
same  that  may  be  prescribed  pursuant  to  the  preceding 
section. 

They  shall  annually  report  through  their  secretary  on  Directors' 
or  before  the  twentieth  day  of  July,  to  the  superintend- report- 
ent  of  free  schools  for  the  county  in    which  the   school 
house    is     situated,     such    particulars    respecting  the 
schools  as  the  State   Superintendent  of  Free  Schools       ' 
may  require;  and  the  county  superintendent  shall  trans- 
mit the  report,  with  such  remarks  and  additional  infor- 
mation as  he  deems  proper,  to  the  State  Superintend- 
ent. 

The  boards  of  education  of  any  district  may  also  Graded 
establish  graded  schools  in  towns,  villages  and  densely &c 
populated  neighborhoods  of  their  respective  districts, 
employ  teachers  therefor,  and  make  such  special  regu- 
lations as  may  be  necessary  to  conduct  them.  But  in 
every  such  case  involving  additional  taxation,  the  mat- 
ter shall  be  first  submitted  to  a  vote  of  the  people  and 
their  consent  obtained,  as  is  prescribed  in  section  twenty- 
four  in  case  of  a  high  school;  Provided,  That  no  addi- 
tional levy  for  a  graded  school  shall  exceed  in  any  one 
year  fifteen  cents  on  every  hundred  dollars  valuation. 
Provided  further,  When  any  sub-district  having  graded 
schools,  desire  a  longer  term  of  school  than  four  months, 
it  shall  be  the  duty  of  the  board  of  education  on  the  pe- 


30  SCHOOL  LAW  OF  WEST  VIRGINIA. 

tition  of  the  taxpayers  of  such  sub-district  to  submit  the 
question  to  the  voters  of  said  sub-district,  at  such  time 
and  place  as  they  may  fix,  by  posting  notices  ten  days 
before  said  election,  setting  forth  the  number  of  months 
the  said  school  shall  be  ran,  including  the  State  Fund 
and  their  proper  share  of  any  district  levy  that  may  be 
levied  in  the  districts  for  the  support  of  the  schools  of 
said  districts. 

Assessor  must  It  shall  be  the  duty  of  the  assessor,  with  the  assistance 
of  property1,  of  the  secretary  of  the  board  of  education,  to  furnish 
such  board  a  list  of  the  property,  both  real  and  personal, 
assessed  by  him  in  said  sub-district,  for  State  and  county 
purposes.  And  the  said  board  of  education  may  pro- 
vide for  the  extending  of  the  said  tax,  and  provide  for 
the  collection  of  the  same,  under  such  rules  and  regula- 
tions as  they  may  provide,  and  use  the  fund  thus  col- 
lected for  the  running  of  such  graded  schools. 

LXIII.  "No  vote  of  the  people  is  necessary  as  a  condition  precedent  to 
the  establishing  of  a  grao>d  school  in  a  district  in  case  such  school  does 
not  increase  the  levy  over  the  fifty  cent  limit  nam°d  in  section  40  The  vote 
to  authorize  any  levy  must  be  t«ken  as  required  by  section  2.  Section  20 
specifically  requires  a  vote  where  the  cost  involves  a  levy  in  excess  of  such 
fifty  cents.  I  find  no  authority  for  continuing  a  graded  sciool  auy  longer 
period  than  other  schools  of  a  district." — Alj'rc<l  (.'<tldu'iU,  Attorney  General. 

LXIV.  The  number  of  tax-payers  wto  are  to  petition  for  more  than  five 
months'  school  in  a  sub-district  is  left  to  the  discretion  of  the  board. 
There  should  be  a  sufficient  number  on  the  petition  to  indicate  that  the 
desire  was  seriously  entertained  and  eatitled  to  respect. 

LXV.  The  vote  should  be  taken  not  later  than  the  10th  of  May,  so  that  if 
the  increased  rate  of  levy  is  authorized,  the  assessor  may  have  thenece^- 
sary  time  iu  which  to  extend  same  ou  his  books.  The  r-ite  of  levy  being  50 
cents  on  the  one  hundred  dollars,  the  increase  to  be  voted  upon  can  not  ex- 
ceed fifteen  cents  additional,  making  the  maximum  levy  for  the  support  of 
a  graded  school  65  cents  ou  the  one  hundred  dollars. 

LXVI.  "The  board  should  have  the  sheriff  collect  the  taxes  for  the 
graded  school.  They  should  enter  an  order  authorizing  him  to  collect.  It 
would  not  be  best  to  order  the  collection  by  anyone  else."— Alfred  Caldwcll, 
Attorney-General. 

^'  There  shall  be  in  every  county,  for  the  purpose 
'  of  examining  and  certifying  teachers,  a  county  board  of 
examiners,  to  be  composed  of  the  county  superintend- 
ent, who  shall  be  ex-ojficio  president,  and  two  experi- 
enced teachers,  each  of  whom  shall  have  received  a 
teacher's  state  certificate  or  a  number  one  county  cer- 
tificate, or  be  a  graduate  of  some  reputable  school,  to  be 
nominated  by  the  county, superintendent  and  appointed 
by  the  presidents  of  the  district  boards  of  education, 
at  a  meeting  for  that  purpose,  to  be  held  at  the  county 
seat  on  the  first  Wednesday  in  July,  1898,  one  of  whom 
shall  be  appointed  for  a  term  of  two  years  and  one  for 
one  year,  and  thereafter  one  member  annually  for  a 
term  of  two  years,  at  which  meeting  a  majority  of  said 
presidents,  or  any  three  thereof,  shall  constitute  a 


SCHOOL  LAW  OF  WEST  VIRGINIA*  31 

quorum.     It  shall  be  the  duty  of  the  county  superint- 
tendent  to  attend  such  meetings. 

Vacancies  in  said  board  of  examiners  shall  be  filled  by  Vacancies, 
the  presidents  in  the  same  manner  as  members  of  said 
board  are  appointed,  and  it  shall  be  the  duty  of  the 
county  superintendent,  upon   ten  days'   notice,  to  call 
meetings  of  said  presidents  at  the  county  seat  for  that 
purpose.     The  board  of  examiners  shall  each  receive  a  compensation 
compensation  of  three  dollars  per  day  for  each  day  actu-of  examiners. 
ally  and  necessarily  employed  in  conducting  the  examin- 
ations, and  for  one  day  at  each  of  the  two  stated  exam- 
inations required  in  section  twenty-eight  of  this  chapter 
to  be  spent  in  consultation  and  preparation  for  their 
duties.     This  compensation  shall  be  paid  out  of  the  fees 
received  from  the  teachers  examined,  and  shall  in  no 
case  exceed  the  amount  thereof. 

The  county  superintendent  shall  collect  from  every 
person  who  applies  for  examination  a  fee  therefor  of 
one  dollar,  out  of  which  he  shall  pay  the  per  diem  of 

the  board  of  examiners,  and  the  expense  of  the  notice  n 

11  •  i  ,1          .•         i?  ji  .     i  county  super- 

required  by  the  twenty-eighth  section  of  this  chapter,  intendent  to 

and  the  balance,  if  any,  he  shall  pay  to  the  sheriff,  to  beSd^retura 
placed  to  the  credit  of  the  distributable  fund  of  theaccount- 
county  received  from  the  State,  and  distributed  with  it. 
He  shall  at  the  end  of  each  school  year,  make  and  re- 
turn to  the  clerk  of  the  county  court,  and  also  to  the 
State  Superintendent,  a  detailed  and  certified  account  of 
the  names  of  all  applicants  for  examination;  the  amount 
of  the  fees  received  by  him  for  the  same;  the  amount 
paid  out  to  the  members  of  the  board  of  examiners,  and 
the  balance,  if  any,  placed  to  the  credit  of  the  distri- 
butable fund  of  the  county  as  aforesaid. 

LXVII.  Presidents  of  independent  school  districts  should  participate  in 
the  election  o£  members  of  the  board  of  examiners  except  where  their 
teachers  are  not  required  to  be  examined  by  said  board,  as  in  Wheeling, 
Uuutington,  Charleston,  Martinsburg,  Ac.  x 

LXVIII .  No  more  than  two  names  should  be  proposed  to  the  presidents  of 
the  boards  of  education  at  one  time  for  members  of  the  board  of  examiners. 
If  either  or  both  are  rejected,  then  other  nominations  should  be  made. 

LXIX.  No  person  other  than  a  teacher  should  be  appointed  a  member  of 
the  board  of  examiners. 

LXX.  All  appointees  must  hold  No.  1  certificates  or  their  equivalents. 

LXXI .  The  county  superintendent  has  the  sole  right  to  name  candidates 
to  tne  presidents  for  members  of  the  board  of  examiners. 

LXXII.  All  school  officers,  including  members  of  the  boards  of  exam- 
iners, are  required  to  take  the  oath  prescribed  by  the  constitution,  section 
5,  Article  IV. 

LXXI1I.  The  presidents  of  the  boards  of  education  have  no  authority  to 
elect  persons  members  of  the  board  of  examiners  not  nominated  by  the 
county  superintendent. 


SCHOOL  LAW  or  WEST  VIRGINIA. 

LXX  I V  .  The  offices  of  president,  of  board  of  education  and  member  of  the 
board  of  ex *i miners  are  incompatible. 

LXXV.  Incase  there  is  more  money  received  from  fees  in  one  examina- 
tion than  pays  the  per  diem  of  the  members  of  the  board  and  the  publica- 
tion of  notice,  the  residue  may  be  used  to  pay  per  diem  of  members  of  the 
board  in  subsequent  examinations  in  the  same  year  where  the  receipts  are 
insufficient. 

LXXVI.  Boards  of  examiners  have  the  right  to  limit  the  time  to  be  oc- 
cupied by  the  teachers  in  answering  the  questions  of  each  branch. 

LXXVII.  It  is 'the  duty  of  the  county  superintendent  to  preserve  the 
manuscripts  of  the  teachers  who  are  examined,  for  at  least  one  year  from 
their  date. 


Teacher  must 
have  a 
certificate. 


Teachers 
examined 
in  certain 
branches 


Certificate 
in  foice  in 
county  where 
issued. 


LXXVII1.  "It  is  a  gross  violation  of  official  duty  for  the  presidents  to  re- 
main absent  from  the  meeting  for  the  purpose  of  avoiding  the  appointment 
of  ex-miners.  They  are  subject  to  be  fined  undar  ft  59  School  Law.  Exam- 
iners hold  over  until  a  new  appointment  is  made  of  successors." — Alfrtd 
Caldwcll,  Attorney-General. 

28.  No  teacher  shall  be  employed  to  teach  any  public 
school  of  this  State  until  he  shall  have  presented  to  the 
trustees,  directors  or  board  having  charge  of  such  school, 
a  certificate  in  duplicate  of  his  qualifications  to  teach  a 
school  of  the  grade  for  which  he  applies,  the  duplicate 
of  which  shall  be  filed  with  the  secretary  of  the  board  of 
education  of  the  district  in  which  the  school  is  situated 
and  so  endorsed  on  the  original  by  the  secretary;  and  no 
salary  shall  be  paid  to  any  teacher  unless  duplicate  be 
filed  as  aforesaid. 

The  board  of  examiners  shall  examine  each  candidate 
for  the  profession  of  teacher,  who  may  apply  to  them, 
as  to  his  or  her  competency  to  teach  orthography,  read- 
ing, penmanship,  arithmetic,  English  grammar,  geog- 
raphy, history,  single  entry  book-keeping  and  civil 
government,  if  the  application  be  for  a  primary  school, 
and  if  the  application  be  for  a  higher  school,  they 
shall  examine  the  applicant  as  to  his  competency  to 
teach  the  additional  branches  required  for  such  school, 
and  if  satisfied  of  the  compentency  of  the  applicant  to 
teach  and  govern  such  schools,  and  that  he  or  she  is  of 
good  moral  character  and  not  addicted  to  drunkenness, 
they  shall  give  a  certificate  in  duplicate  accordingly. 
The  county  superintendent  shall  keep  a  register  of  all 
certificates  awarded  by  the  board  of  examiners,  stating 
the  character  and  grade  of  certificate  and  the  time  when 
issued. 

No  certificate  shall  be  issued  by  the  board  of 'examin- 
ers, except  upon  an  actual  examination,  participated  in 
by  a  majority  of  the  board,  or  be  of  force  except  in  the 
county  in  which  it  was  issued,  nor  for  a  longer  period 
than  one  year,  except  as  provided  in  section  twenty-nine 
of  this  chapter,  and  the  board  of  examiners  may,  upon 
proper  evidence  of  the  fact,  revoke  the  certificate  of 
any  teacher  within  the  county,  for  any  cause  which 


SCHOOL  LAW  OF  WEST  VIRGINIA.  33 

would  have  justified  the  withholding  thereof,  when  the 
same  was  granted,  by  giving  ten  days'  notice  to  the 
teacher  of  their  intent  to  do  so. 

The  froard  of  examiners  shall,  at  two  stated  periods  Examinations 
in  each  year,  agreed  upon  by  themselves,  of  which  they  ceitafu  times. 
shall  give  due  notice,  hold  public  examinations,  at  which 
all  applicants  for  certificates  shall  be  required eto  attend; 
and  should  circumstances  require  it,  the  county  super- 
intendent may  call  extra  meetings  for  the  same  purpose. 
County  superintendents  and  members  of  the  board  of  Examiners 
examiners  may  be  employed  to  teach  without  the  certifi-  Sfde^tnf11*" 
cate  required  of  other  teachers.     But  should  any  mem-  teach  without 
ber  of  the  board  of  education  or   school  trustee    bece 
employed  as  teacher,  it  shall  vacate  his  office. 

LXXIX.  No  person  shall  be  employed  to  teach  a  public  school  who  has 
not  a  teacher's  certificate  regularly  issued  and  still  in  force.  Substitute 
teachers  are  permissible  when  the  teacher  is  unavoidably  absent,  and  then 
only,  with  the  consent  of  the  school  trustees.  Substitutes  should  have  cer- 
tificates of  same  grade  as  those  whose  places  they  fill.  It  is  not  necessary 
for  the  trustees  to  make  a  contract  with  a  substitute.  A  teacher  can  not 
engage  a  school,  make  a  contract  for  it,  then  employ  a  substitute  and  him- 
self take  another  school. 

LXXX .  If  a  teacher  obtain  two  certificates  the  same  year,  he  may  con- 
tract with  the  trustees  on  either,  whether  of  the  same  or  different  grades. 

LXXXI.  The  right  of  a  member  of  the  board  of  examiners  to  teach  with- 
out examination  is  confined  to  the  county  in  which  such  position  is  held. 

LXXXII.  The  board  of  examiners  are  required  to  hold  two  stated  public 
examinations  and,  should  circumstances  require  it,  extra  meetings  may  be 
held  for  the  same  purpose. 

LXXXII  I .  The  members  of  the  board  of  examiners  are  authorized  to  teach 
without  certificates,  and  are  therefore  prohibited  from  issuing  certificates 
to  each  other. 

LXXXIV.  Section  80  of  chapter  45  of  the  Code,  provides  that  ail  certifi- 
cates for  the  school  year,  must  be  issued  after  July  first,  and  for  that  reason 
the  certificate  in  question  would  expire  with  the  oid  school  year.  *  * 
There  is  no  provision  made  for  the  examination  of  a  county  superintendent 
while  in  office  as  he  has  the  right  to  teach  during  his  term  of  office  without 
a  certificate—  T.  .S.  It iley,  Attorney-General. 

LXXXV.  The  latter  part  of  section  28  of  chapter  45  of  the  Code,  pro- 
vides that  there  shall  be  two  public  examinations  at  which  all  applicants 
for  certificates  shall  be  required  to  attend,  and  should  circumstances  re- 
quire it.  the  county  superintendent  may  call  extra  meetings  for  the  pur- 
pose. Now,  if  the  certificate  granted  was  given  at  one  of  the  above  meet- 
ings, it  would  be  good  until  the  time  for  which  it  was  given  expires.  *  * 

*  I  take  it  that  all  certificates,  except  those  granted  under  section  29, 
expire  with  the  school  year.  Section  80  provides  that  no  examinations 
shall  be  held  or  certificate  granted  until  after  the  first  day  of  July  of  the 
school  year  in  which  said  certificates  are  to  be  used—  T.  £3.  Eiley,  Attorney- 
General. 

LXXXVI.  As  the  law  now  stands  all  grades  of  certificates  may  be  issued 
at  the  same  examination.  (See  latter  part  of  section  29.  of  school  law.) 
The  law  provides  for  two  stated  examinations  and  should  circumstances 
require  it.  the  county  superintendent  may  call  extra  meetings  for  the 
same  purpose.  At  any  of  these  examinations  all  grades  of  certificates  may 
be  issued,  but  the  extra  meeting  should  not  be  called  unless  it  is  absolutely 
necessary  to  supply  teachers  for  the  current  school  year.  The  practice  of 
some  county  superintendents  of  calling  extra  meetings  and  granting  cer- 
tificates after  the  schools  for  the  year  have  closed  and  when  i1;  is  no*-,  neces- 
sary to  supp'y  teachers  for  the  school  year  ending  July  the  first  following 
the  examination,  is  Hot  warranted  un-der  the  law.  Such  examinations 
should  not  be  held  until  after  the  first  of  July  or  in  other  words  after  the 


SCHO@I  LAW  OF  WEST  VIRGINIA. 


Regulations 
Jor  Bourds  of 
Examiners 


First  grade 
certificates . 


Second  grade 


Third  grade. 


beginning  ol  the  new  year.  (See  section  30  of  the  school  law.)  All  No.  1 
certificates  properly  granted  expire  in  three  years  from  the  first  of  July 
following  the  date  of  their  issue,  and  No.  2"bertiflcates  in  one  year  from  the 
first  of  July  following  the  date  of  thftir  issue,  and  No.  8  certificates  expire 
on  the  first  of  July  following  the  date  of  their  issue.  —  T.  H.  Rilcy,  Attorn-  y- 
Qeneral. 

29.  The  following  regulations  shall  be  observed  by 
boards  of  examiners  with  regard  to  examinations  and 
granting  teachers'  certificates: 

First.  No  applicant  shall  be  admitted  to  examination 
unless  the  board  shall  have  reasonable  evidence  that  he 
or  she  is  of  good  moral  character  aad  temperate  habits, 
and  has  attained  the  age  of  sixteen  years. 

Second.  No  college  diploma  or  certificate  of  recom- 
mendation from  the  president  or  faculty  of  any  college 
or  normal  school  or  academy  shall  be  taken  to  super- 
sede the  necessity  of  examination  by  the  board  of  exam- 
iners, nor  shall  a  certificate  be  granted  to  any  applicant 
except  after  a  careful  examination  upon  each  branch  of 
study  and  upon  the  art  of  teaching. 

Third.  Boards  of  examiners  and  others  herein  author- 
ized to  confer  certificates  shall  state  the  teacher's  grade 
of  proficiency  in  each  branch  in  which  he  is  examined. 

Fourth.  They  shall  grade  the  certificate  granted  ac- 
cording to  the  following  scheme  numbering  them  ac- 
cording to  the  merit  of  the  applicant  from  one  to  three: 

The  first  grade  certificate  shall  be  issued  to  all  appli- 
cants who  shall  pass  an  examination  in  all  the  branches 
required  to  be  taught  in  the  primary  free  schools  of  the 
State,  and  in  addition  thereto  the  theory  and  art  of 
teaching,  general  history,  civil  government  and  book- 
keeping, and  obtain  a  general  average  of  ninety  per 
cent,  on  a  scale  of  one  hundred  per  cent,  and  not  less 
than  seventy- five  on  any  one  branch;  which  certificates 
shall  be  valid  for  a  period  of  four  years  and  shall  be 
re-issued  once  without  examination  at  the  discretion  of 
said  board  of  examiners,  provided  the  holder  has  taught 
two  years  on  said  certificate. 

The  second  grade  certificate  shall  be  issued  to  all  ap- 
plicants who  shall  pass  an  examination  upon  all  the 
branches  required  to  be  taught  in  the  primary  free 
schools  and  in  addition  thereto  civil  government  and  the 
theory  and  art  of  teaching  and  obtain  a  general  average 
of  eighty  per  cent,  and  not  lower  than  seventy  per  cent, 
on  any  one  branch,  which  shall  be  valid  for  a  period  of 
two  years  and  be  re-issued  only  upon  examination. 

The  third  grade  certificate  shall  be  granted  to  appli- 
cants who  shall  pass  a  satisfactory  examination  in 
the  branches  required  to  be  taught  in  the  primary  free 
schools,  and  the  theory  and  art  of  teaching  and  obtain 
a  general  average  of  seventy  per  cent,  and  not  lower 
than  sixty  per  cent,  in  any  one  branch,  and  be  valid  for 


SCHOOL  LAW  OF  WEST  VIEGISLA.  35 

a  period  of  one  year  and  be  re-issued  only  upon  exami- 
nation and  then  not  to  the  applicant  more  than  twice. 
All  grades  of  county  certificates  provided  by  law  shall 
be  granted  at  the  same  examination.  Failure  to  attend 
the  teachers'  county  institute  Avhere  such  attendance 
may  be  required  of  teachers  holding  any  of  these  grade 
certificates  unless  excused  by  law  or  unless  said  failure 
may  be  for  reasons  deemed  sufficient  by  the  county 
board  of  examiners  shall  be  c'ause  for  revoking  said  cer- 
tificate. 

LXXXVII.  Th're  is  now  no  distinction  made  between  applicants  for  cer- 
tificates. They  must  all  pass  examination  in  all  the  branches  required  to 
be  taught  in  the  T^rimary  schools  01  the  State  and  in  additeon  tnereto  in 
the  theory  and  ait  of  teaching.  See  section  11. 

29«.    I.    There  shall  be  a  State  board  of  examiners  state  Board  of 
which  shall  consist  of  four  competent  persons,  one  from  Exan 
each  congressional  district,  to  be  appointed  by  the  State 
Superintendent  of  Free  Schools;  the  term  of  office  of 
such  examiners  shall  be  four  years  and  vacancies  in  said 
board  shall  be  filled  by  the  State  Superintendent  of  Free 
Schools.     Said  board  shall  meet  at  two  different  places,  Meetings. 
at  least,  in  each  congressional  district  in  each  year,  for 
the  purpose  of  making  the  examinations  and  granting 
the  certificates  provided  for  in  this  act,  and  any  three  of 
said  members  shall  constitute  a  quorum. 

II.  The  board  thus  constituted  may  issue  two  grades  Gmd-s  of 
of  certificates  to  such  as  are  found  to  possess  the  requi- c 
site  scholarship,  and  who  exhibit  satisfactory  evidence 
of  good  moral  character  and  of  professional  experience 
and  ability,  as  follows:  First  class  certificates  for  twelve 
years;  second  class,  for  six  years.     Any  person  holding 
a  certificate  of  the  first  class,  who  shall  have  taught  for 
eight  years  of  said  twelve  years,  shall  be  entitled,  with- 
out examination,  to  have  the  same  renewed  at  the  expi- 
ration of  the  said  twelve. 

The  second  class  to  be  issued  to  applicants  of  satis- 
factory attainments  in  the  branches  required  for  county 
certificates,  and  in  addition,  not  fewer  than  four  other 
branches  to  be  determined  upon  by  the  board. 

The  second  class  certificates  shall  be  issued  upon  ap- 
plication, without  examination,  to  the  graduates  of  th<iuatesof 
State  University  of  West  Virginia,  of  the  Peabody  Nor-  certain 
mal  College  of  Tennessee,  of  the  State  normal  school 
and  its  bramches  of  West  Virginia,  and  of  other  schools 
in  this  State  whose  grade  of  work  is  equal  in  all  respects, 
in  the  judgment  of  the  board,  to  the  State  normal  school 
and  its  branches,  where  graduates  shall  have  presented 
to  the  board  satisfactory  evidence  that  they  have  taught 
successfully  three  years  in  the  State  under  a  number  one 


issued  to  grad 
uates  of 
certain 
institutions. 


36  SCHOOL  LAW  OF  WEST  VIRGINIA. 

county  certificate,  two  of  which  said  three  years  shall 
immediately  precede  the  application  for  such  certificate. 

First  class          Teachers  who  shall  present  to  the  board  satisfactory 

mtfoVof expi"  evidence  that  they  have  taught  successfully  four  years, 

second,  under  a  second-class  certificate,  shall  be  entitled  to 
receive,  without  examination,  a  first-class  certificate  at 
the  expiration  of  the  second  class. 

Record.  The  board  shall   keep  a  record  of   the  proceedings, 

showing  the  number,  date  and  duration  of  each  certifi- 
cate, to  whom  granted,  and  for  what  branches  of  study, 
and  shall  report  such  statistics  to  the  State  Superintend- 
ent annually  on  or  before  the  thirtieth  day  of  Septem- 
ber. 

certiftate  III.  All   certificates  issued   by  such  board  shall  be 

school"  any    countersigned  by  the  Superintendent  of   free  schools; 

district.  an(j  SUch  certificates  shall  supersede  any  and  all  other 
examinations  of  the  persons  holding  them,  by  any  board 
of  examiners,  and  shall  be  equivalent  to  a  number  one 
certificate  granted  by  a  county  board  of  examiners,  and 
shall  be  valid  in  any  school  district  in  the  State,  unless 
revoked  by  the  State  board  for  a  good  cause. 

Fee.  iv.  Each  applicant   for   a  certificate  shall   pay  the 

board  of  examiners  a  fee  of  five  dollars. 

compensation  V.  The  board  of  examiners  shall  each  receive  a  com- 
s'  pensation  of  five  dollars  per  day  actually  and  necessa- 
rily spent  in  conducting  the  examinations,  and  for  one 
day  to  be  spent  in  consultation  and  in  preparing  for 
their  duties,  and  six  cents  per  mile  for  each  mile  neces- 
sarily traveled  in  going  to  and  returning  from  the  place 
of  examination.  This  compensation  shall  be  paid  out 
of  the  fees  received  from  the  teachers  examined,  and 
shall  in  no  case  exceed  the  amount  so  received. 

^^"t1  ~eporfc     Said  board  shall,  at  the  end  of  each  school  year,  make 

to  State  Super-  iA,  .  -.  » -n          r*  * 

intendent.  and  return  to  the  State  Superintendent  of  Free  Schools, 
a  detailed  and  certified  account  of  the  names  of  all  the 
applicants  for  examination,  the  amount  of  the  fees  re- 
ceived, the  amount  paid  out  to  the  members  of  the  board, 
and  the  balance,  if  any,  shall  be  paid  over  to  the  treas- 
urer of  the  State,  to  be  placed  to  the  credit  of  the  dis- 
tributable school  fund. 

LXXXVIII,  Graduates  of  the  State  Normal  School  and  of  the  State  Uni- 
versity, in  order  to  secure  the  second  class  certificate,  must  present  to  the 
State  board  of  examiners  satisfactory  eridence  that  they  have  taught  suc- 
cessfully three  years  under  a  Number  1  county  certificate;  two  of  which 
said  years  must  immediately  precede  the  application  for  the  certificate. 

Teachers  shall     30.  Every  teacher   shall  keep   a  daily  register,  and 
teeremreg?sandtnake  monthly  reports  to  the  secretary  of  the  board  of 
education  of  his  district.     He   shall   also   keep   a  term 
register,  in  which  shall  be  entered  the  date  of  the  com- 
mencement and  termination  of  every  term  of  the  school; 


SCHOOL  LAW  OF  WEST  VIRGINIA.  37 

the  name  and  age  of  every  scholar  who  attended  the 
school  during  said  term;  the  daily  attendance,  distin- 
guishing between  males  and  females;  the  branches 
taught,  and  the  number  of  scholars  engaged  in  each 
month  in  the  study  of  each  branch,  and  such  other  par- 
ticulars as  are  necessary  to  enable  the  secretaries  of  the 
boards  of  education,  or  directors,  to  make  the  reports 
required  of  them.  The  State  Superintendent  of  free 
schools  shall  prescribe  such  form  and  regulations,  re- 
specting the  register  to  be  kept  and  reports  to  be  made 
by  the  teachers,  as  shall  seem  to  him  necessary. 

At  the  close  of  each  term  the  register  thereof  shall  be  Penalty  for 
returned  by  the  teacher  to  the  office  of  the  secretary  of  reVurn  term 
the  board  of  education  for  the  district,  who  shall  file  the  re§i8ter- 
same  and  unless  such  register  be  properly  kept  and 
returned,   the  teacher  shall  not  be  entitled  to  demand 
payment  of  the  balance  due  on  his  salary. 

Teachers  shall  be  paid  monthly,  and  by  orders  on  the  Teachers  to 
sheriff  or  collector,  signed  by  the  secretary  and  president  monthly-* 
of  the  board,  which  said  orders  when  signed  as  afore- 
said and  delivered  to  the  teacher  shall  be  deemed  at  once 
dee  and  payable.  Where  any  teacher  has  taught  accord- 
ing to  his  contract,  for  one  month,  the  trustees  for  the 
sub-district  in  which  he  has  so  taught,  shall  certify  the 
fact  to  the  secretary  of  the  district  board,  whereupon 
he  shall  receive  from  said  secretary  an  order  upon  the 
sheriff  or  collector  of  the  county,  signed  by  the  secretary 
and  president  of  the  board  of  education  for  one  month's 
salary;  but  in  no  case  shall  such  order  be  given,  unless 
the  monthly  report  containing  the  facts  required  in  the 
preceding  part  of  this  section,  to  be  shown  in  the  term 
register,  be  first  duly  made  out  and  returned  to  the 
secretary. 

The  school  month  shall  consist  of  twenty  days,  exclud-  school  month. 
ing  Saturdays,  all  of  which  shall  be  devoted  to  teaching 
the  school  contracted  for. 

Asa  means  of  improving  the  teachers,  and  fitting 
them  for  more  effective  service  in  the  free  schools  of  the 
State,  teacher's  institutes  shall  be  held  annually  through- 
out the  State,  one  or  more  in  each  county;  they  skall  be 
held  at  such  times  and  places  as  the  State  Superintendent 
shall,  with  the  advice  of  the  county  superintendent, 
direct,  and  shall  continue  each  for  one  week  of  five  days; 
they  shall  be  conducted  by  experienced  and  skillful 
institute  instructors,  who  shall  be  appointed  by  the  State 
Superintendent,  but  it  shall  be  a  part  of  the  duty  of  the 
county  superintendent,  under  the  instructions  of  the 
State  Superintendent,  to  make  all  proper  arrangements 
for  the  institutes,  and  to  assist  in  conducting  them. 


38  SCHOOL  LAW  OF  WEST  VIRGINIA. 

instructors'        The  instructors  whom  the  State  Superintendent  shall 
tfJS^eusa"      employ,  as  herein   provided,  shall  each  receive  for  his 
services  not  more  than  twenty- five  dollars  for  each  insti- 
tute he  may  instruct,   to  be  paid  out  of  the  general 
*  school  fund,  on  a  proper  order  of  the  State  Superin- 
tendent, but  the  aggregate  amount  of  such  compensa- 
tion for  the  whole  State  shall  not  exceed  one  thousand 
dollars. 

Examination.  At  the  close  of  the  institutes,  as  herein  provided,  and 
during  the  week  following,  the  county  board  of  exam- 
iners shall  hold  one  of  the  two  examinations  prescribed 
in  section  twenty-eight:  Provided,  That  no"  examina- 
tion shall  be  held  or  certificate  granted  until  after  the 
first  day  of  the  school  year  in  which  said  certificates  are 
to  be  used. 

Graded  course  It  shall  be  the  duty  of  the  State  Superintendent  to 
workstlt  prescribe  a  graded  course  of  institute  work  covering  a 
period  of  two  years,  and  the  methods  of  conducting  the 
same,  together  with  such  other  details  connected  there 
with  as  he  shall  deem  conducive  to  their  usefulness  and 
efficiency. 

Graded  course     It  shall  also  be  the  duty  of  the  State  Superintendent 
BionSfstSttdy.  to  prescribe  a  graded  course  of  professional  study  cov- 
ering a  period  of  two  years,   which  shall  embrace  his- 
tory of    education,    school    management,    methods   of 
who  exempt   teaching  and  educational  psychology.     Any  teacher  who 
attendSSceUte  nas  completed  the  graded  course  of  institute  work  and 
the  graded  course  of  professional  study,  and  passed  a 
satisfactory  examination  thereon,  and  also  obtained  a 
number  one  teacher's  certificate,  shall  be  exempt  from 
further  compulsory  institute  attendance. 

Jefusaf  t°r          ^^  ^eacnei>  no^  exempt  from  institute  attendance  who 

attend  c        shall  fail  or  refuse  to  attend  at  least  one  institute  annu- 

institute.       ajjy^  \^.\^  under  the  provisions  of  this  section,  unless 

such  teacher  shall  have  an  excuse  therefor,  sufficient  in 

the  judgment  of  the  board  of  examiners  to  which  such 

teacher  may  apply  for  examination,  shall  not  be  entitled 

to  examination  or  be  employed  to  teach  any  free  school 

during  the  year  within  which  such  failure  or  refusal 

may  have  occurred. 

LXXXIX.  The  secretary  of  the  board  should  carefully  examine  the  month- 
ly summary  whish  the  teacher  files  at  the  end  of  each  month,  for  it  should 
contain  a  summary  of  what  the  teacher  is  recording  in  his  term  register, 
which  is  to  become  the  chief  basis  of  the  secretary's  report  to  the  county 
superintendent.  In  no  instance  should  the  secretary  issue  the  teacher's 
order  for  his  last  month's  salary  until  the  term  register  is  found  to  contain 
all  data  required  by  the  above  section,  to  be  recorded  in  it. 

XCI  '-The  applicant  for  examination  fora  teacher's  certificate  must  have 
attended  one  institute  during  the  year  or  have  an  excuse  for  not  so  attecd- 
ing  sufficient  in  the  judgment  of  che  board  of  examiners  to  entitle  such 
applicant  to  be  examined.  Such  attendance  within  the  year,  or  such 
excuse  is  a  condition  precedent  to  the  right  to  be  examined."— Alfred 
Caldwell,  Attorney  General. 


SCHOOL  LAW  OF  WEST  -VIRGINIA.  39 

XCI.  When  only  a  few  days  of  a  school  term  run  into  a  new  year  the 
school  may  be  reported  in  the  old  year,  but  if  a  mouth  or  more  of  the  school 
rujns  Into  the  new  year,  then  it  should  all  be  reported  in  that  year. 

XCII.  The  per  cant  of  attendance  and  absence  should  make  100  without 
the  per  cent,  of  noa-membership. 

XCIII.  In  making  reports  to  the  secretary,  teachers  should  not  count 
children  of  the  sub  district  not  enrolled  in  the  school — when  a  child  is 
once  enrolled  he  should  be  accounted  for  during  the  whole  term,  both  be- 
fore and  after  he  is  enrolled. 

XCIV.  It  is  the  duty  of  the  presidents  and  secretaries  of  the  boards  of 
education  to  issue  orders  for  money  directed  to  be  paid  by  the  board. 

XCV.  The  following  excuses  are  deemed  of  sufficient  importance  in  all 
departments  of  life  aud  may  be  regarded  good  for  non-attendan«e  at  the 
institute:  Sickness,  death  of  a  near  relative,  and  attendance  at  court  under 
summons.  Frivolous  and  petty  excuses  should  not  be  accepted. 

XCVI.  "The  trustees,  if  they  employ  a  teacher  who  has  not  complied 
with  the  law  requiring  teachers  to  attend  institutes,  violate  their  oath  of 
office,  and  ought  themselves  to  be  removed  if  it  is  done  wilfully." — Al- 
fred Caidivf.ll,  Attorney-General. 

XCVII.  The  holding  of  an  examination  or  the  issuing  of  a  certificate  in 
any  year  prior  to  the  first  day  of  July  is  prohibited  by  law,  The  school 
year  begins  with  that  date,  aud  all  certificates  should  be  issued  with  refer- 
ence to  it.  If  a  certificate— good  for  one  year,  be  issued  iu  the  autumn  or 
later,  it  terminates  with  the  first  day  of  the  ensuing  July,  and  so  with  a 
two  or  four  years'  certificate  issued  at  the  same  time  would  end  with  the 
first  day  of  July  two  or  four  years  hence. 

31.  In  contracts  with  teachers,  it  shall  be  understood  Holidays, 
that  school  is  not  to  be  kept  in  operation  for  ordinary 
instruction  on  the  first  day .  of  January,  fourth  day  of 

July,  or  the  twenty-fifth  day  of  December,  nor  any  Na- 
tional or  State  festival  or  Thanksgiving  day;  but  the 
month  or  time  mentioned  in  such  contract  shall  never- 
theless be  computed  as  if  the  said  days  were  included. 

XCVIII.  The  day  of  election  is  not  a  national  or  State  festival  or  thanks- 
giving day  and  does  not  come  under  the  provisions  of  section  31  of  chap- 
ter 45  of  the  Code,  and  therefore  teachers  are  not;  entitled  to  credit  for  this 
day^—T.  *s-  -ft ''''.'/ 1  Attorney-General 

XCIX.  I  think  from  a  liberal  construction  of  section  31  that  it  is  intended 
that  in  mot  ths  in  which  there  is  a  holiday  the  number  of  days  actually 
taught  is  one  less  than  the  number  required  by  law  for  months  it)  which 
tbere  is  no  holiday.  In  taking  this  view  I  think  the  teacher  would  be  en- 
titled to  credit  for  Christmas,  but  not  for  the  day  previous  on  which  the 
school  was  not  in  session.  —  T.  S.  Riley,  Attorney-General. 

32.  All  teachers,  boards  of  education,  and  other  school  Teaching 
officers  are  hereby  charged  with  the  duty  of  providing ra 
that  moral  training  for  the  youth  of  this  State  which 

will  contribute  to  securing  good  behavior  and  manners, 
and  furnish  the  State  with  exemplary  citizens.  It  shall  Building  fires, 
also  be  the  duty  of  every  school  trustee  to  see  that  the 
school  house  is  kept  clean  and  in  good  order,  and  that 
fires,  when  necessary,  are  made  and  kept  therein,  but  no 
expense  shall  be  incurred  therefor,  to  exceed  fifty  cents 
per  week,  and  the  amount  thus  expended  shall  be  cer- 
tified by  the  trustees  to  the  board  of  education,  and  shall, 


40  SCHOOL  LAW  OF  WEST  VIRGINIA. 

if  correct,  be  paid  out  of  the  building  fund  of  the  dis- 
trict. 

C.  I  am  of  opinion,  that  under  the  foregoing  provision,  trustees  have  the 
power  to  incur  the  expenses  therein  provided  for,  and  that  where  it  is  nec- 
essary, in  order  to  comply  with  the  requirements  of  said  provision,  they 
not  only  have  the  power,  but  it  is  their  imperative  duty  to  incur  the  ex- 
pense necessary  to  that  end— not  exceeding  fifty  cents  per  we*k.  I  am  fur- 
ther of  opinion  that,  upon  a  proper  CTtincaie  of  the  expenditure  of  such 
amount  being  furnished  the  board  of  education  of  the  district  in  which 
such  expenditure  is  made,  it  will  be  the  duty  of  said  board  to  provide  for 
the  payment  of  the  same  out  of  the  building  fund  of  the  district,  provided, 
of  course,  the  account  is  correct. 

The  board  of  education  can  make  no  order  by  which  this  power  or  duty 
ran  be  taken  from  the  trustees  The  law  on  this  subject  is  explicit,  and 
contemplates  a  specific  compliance  therewith. 

There  is  no  Conflict  between  the  above  quoted  provisions  and  others  of 
chapter  45.  The  board  of  education  have  the  "power  of  revisal  and  correc- 
tion" as  to  this  provision,  to  the  extent  of  seeing  that  the  amount  expended 
•ift  correct,  but  not  to  the  extent  of  nullifying  a  plain  provision  of  law— C.  C. 
Watts,  Attorney-General. 

CI.  Persons  building  fires  should  have  a  definite  contract  with  the 
trustees. 

"The  Legislature  intended  by  enacting  §  32  to  compel  the  trustees  to  have 
school  houses  kept  clean,  fires  made  and  Kept,  &c.,  by  expenditures  out  of 
the  building  fund. 

The  trustees  have  no  right  to  alter  the  form  of  appointment  prescribed  by 
the  State  Superintendent  so  as  to  make  it  a  duty  of  the  teacher  to  do  this 
work  for  the  salary  he  is  to  get  out  of  the  'teacher's  fund.'  *  I  fully 

concur  with  the  opinion  given  by  my  predecessor  (General  Watts)  upon  the 
section  named."— Alfred  Caldwell,  Attorney-General. 

president  of  33.  The  president  of  the  board  of  education  of  every 
Examine  aii  district  shall,  at  least  once  a  year,  examine  the  school 
school  houses,  houses  and  school  house  sites  in  the  district,  and  report 
the  condition  of  the  same  to  the  board;  and  such  as  are, 
in  their  judgment,  properly  located  and  are  sufficient, 
or  can  with  reasonable  expense  be  rendered  so,  shall  be 
retained  for  the  use  of  public  schools,  and  the  remain- 
der, with  the  consent  of  the  county  superintendent, 
school  build-  shall  be  sold  at  public  auction  or  otherwise,  by  the 
Sofdmaybe  board  of  education,  and  on  such  terms  of  sale  as  the 
board  may  order  and  the  proceeds  added  to  the  build- 
ing fund:  Provided,  That  the  grantor  or  his  heirs  of 
any  such  school  house  site  shall,  if  he  or  they  so  desire, 
have  the  same  reconveyed  to  him  or  them,  without  the 
buildings  thereon,  (if  any),  upon  paying  to  the  board  of 
education  the  amount  received  by  such  grantor  for  such 
site;  or  in  case  no  compensation  was  paid  therefor,  the 
same  shall  be  so  reconveyed  free  of  charge.  In  case  of 
such  reconveyance,  the  building  on  such  site  (if  any) 
shall  be  sold,  as  hereinafter  provided,  with  privilege  ito 
the  purchaser  to  remove  it  from  off  such  site  in  a 
reasonable  time.  This  proviso  shall  net  be  construed 
to  apply  to  any  school  house  lot  within  any  village, 
town  or  city. 

Oil.  "I  am  of  the  opinion  that  the  board  has  the  right  to  sell  the  old 
school  house  notwithstanding  the  fact  that  the  If  gal  title  had  not  been  con- 
veyed. This  was  an  inadvertance  that  no  one  can  tak*>  the  advantage  of. 
The  equitable  title  was  in  the  board.  I  think  the  board  can  sell  the  house 
"s  provided  in  section  83  of  chapter  45  of  the  Code."— T.  S.  Riley,  Attorney- 
General. 


SCHOOL  LAW  OF  WEST  VIRGINIA. 

34.  The  board  of  education  of  every  district  shall  r 
provide  by  purchase,  condemnation,  leasing:,  building  Jhaeii 
or  otherwise,  suitable  school  houses  and  grounds  bJjJS 
their  districts,  in  such  locations  as  will  best  acco m mo- sound's,  &o. 
date  the  inhabitants  thereof,  and  improve  such  grounds 
and  provide  such  furniture,  fixtures  and  appliances  for 
the  said  school  houses,  as  the  comfort,  health,  cleanli- 
ness and  convenience  of  the  scholars  may  require,  and 
keep  such  grounds,  school  houses,  furniture,  fixtures 
and  appliances  in  good  order  and  repair:  Provided, 
That  in  case  such  boards  of  education  shall  be  unable  to 
agree  upon  a  proper  location  for  a  school  house  in  any 
sub-district,  such  location  shall  be  decided  by  the  county 
superintendent. 

Boards  of  education  in  adjoining  districts  or  counties  Districts  may 
may  jointly  provide  for  the  erection  of  school  houses|Jin  inerect- 
for  the   accommodation   of    adjoining  portions  of  dis-  houses!00 
tricts  or  counties,  for  high  schools,  union  schools  or  sub 
district   schools,  which   from   local  causes,  can  not  be 
conveniently  attached  to  sub-districts  in  the  districts  or 
counties  to  which  they  belong.     The  title  to  such  houses  Title  to  joint 
shall  be  vested  in  the  board  of  education  having  super-  vested^!11" 
vision  of  the  sub-district  containing  the  greatest  number 
of  children,  and  terms  indicating  a  trust  for  the  purpose 
aforesaid  shall  be  introduced  into  an  agreement  made 
between  the  boards  of  education  interested.    Such  school 
houses  shall  be  provided  with  furniture,  fixtures  and 
such  other  appliances  as  are  supplied  to  school  houses 
generally.     An  equitable  amount  shall  be  assessed  on 
each  district  interested,  by  the  respective  boards  of  edu- 
cation, for  the  purpose  aforesaid.     Boards  of  education 
shall  in  every  case  require  bond  of  all  contractors,  with 
approved  security,  in  double  the  amount  of  the  contract 
for  building  or  repairing  school  houses. 

No  county  superintendent,  board  of  education,  or  any  officers  not  to 
member  thereof,  or  trustee  of  any  sub-district,   shall, 
directly  or  indirectly,   become  personally  interested  in  contract, 
any  contract  for  building  or  repairing  school  houses  in 
his  or  their  district;  and  any  county   superintendent, 
member  of  such  board,  or  any  trustee,  violating  this  sec- 
tion, shall  be  guilty  of  a  misdemeanor  and  fined  not  less 
than  one  hundred  dollars. 

GUI.  "The  length  of  a  school  term  in  union  schools  must  be  determined 
by  the  term  fixed  by  the  district  in  which  the  school  is  located,  for  its 
schools.  The  trustees  of  the  sub-district  of  the  location  of  the  school 
would  control  the  school  house,  &c.  All  the  boards  of  education  of  the  dis- 
trict out  of  which  the  pupils  are  sent  have  to  do,  is  to  pay  a  just  part  of  the 
expense  of  the  union  school." — Alfred  Caldwell,  Attorney-general. 

CIV.  In  case  the  laud  owner,  on  whose  land  a  school  house  is  built  by  a 
board  of  education  before  a  deed  is  delivered  therefor,  refuses  to  make  the 
deed,  proceedings  in  a  court  of  equity  may  be  instituted  by  the  board  to 
compel  ihe  specific  performance  of  the  contract. 


SCHOOL  LAW  OF  WEST  VIRGINIA. 

CV.  Chapter  65,  Acts  1879,  makes  it  a  misdemeanor  for  any  county  or  dis- 
trict school  officer  to  become  directly  or  indirectly  pecuniarily  interested 
in  contracts,  lettings  and  furnishings  in  cases  where  he  has  a  voice  or  con- 
trol. See  Acts  1879,  chapter  65,  wherein  it  is  provided  that :  "It  shall  be 
unlawful  for  any  member  of  a  county  court,  overseer  of  the  poor,  d'strict 
school  officer,  or  any  member  of  any  other  district  board,  or  for  any  county 
or  district  officer  to  be  or  become,  directly  or  indirectly,  pecuniarily  inter- 
ested in  the  proceeds  of  any  contract  or  service,  or  in  furnishing  any  sup- 
plies in  the  contract  for,  or  the  award  or  letting  of  which,  as  such  member 
or  officer,  he  may  have  any  voice  or  control."  See  also  section  IS  of  this 
chapter. 

CVI.  When  the  board  fail  to  agree  upon  the  location  of  a  school  house, 
and  the  county  superintendent  is  called,  to  decide  the  matter,  his  decision 
is  final,  and  from  it  no  appeal  can  be  taken. 

CVII.  A  county  superintendent  has  no  authority  to  select  a  site  for  a 
school  house.  He  can  only  act  when  the  board  of  education  fail  to  agree 
as  to  a  location. 


^5.  No  school  house  shall  be  erected  unless  the  plan 
submitted  to   thereof  shall  have  been  submitted  to  the  county  super- 
in0teSdyent!per"  perintendent,  and  approved  by  him,  and  it  is  hereby 
made  his  duty  to  acquaint  himself  with  the  principles 
of  school  house  architecture,  and,  in  all  his  plans  for 
such  structures,  to   have  regard  to  economy,  conveni- 
ence, health  and  durability  of  structure. 


CVIII.  The  approval  of  the  plans  of  school  houses  is,  perhaps,  the  most 
important  duty  which  the  county  superintendent  has  to  perform.  He  is 
thus  made  the  architect  of  school  house  construction  in  his  county,  and  if 
the  same  are  illy  constructed,  poorly  ventilated,  poorly  lighted,  and  im- 
properly heated,  thus  producing  physical  injury  to  the  pupils,  he  is  morally 
responsible. 


Land  for 

school  site 
may  be  con- 
demned. 


36. '  When  land  has  been  designated  by  the  board  of 
education  of  any  district  as  a  suitable  location  for  a 
school  house  and  the  necessary  buildings,  or  for  enlarg- 
ing a  school  house  lot,  if  the  owner  or  owners  refuse  to 
sell  the  same,  or  demand  a  price  therefor  which  is 
deemed  by  the  board  unreasonable,  or  the  owner  is  a 
feme  covert,  a  minor,  non  compos  mentis,  or  non-resident, 
after  ten  days'  notice,  served  upon  such  owner  or  own- 
ers, or  the  owner  or  owners  being  non-residents  thereof, 
by  publication  for  four  weeks  in  some  newspaper  pub- 
lished in  the  county,  or  if  there  be  no  newspaper  pub- 
lished in  the  county,  by  posting  the  same  for  four  weeks 
at  the  front  door  of  the  court  house,  and  five  other  pub- 
lic places  in  the  county,  at  least  two  of  which  shall  be 
in  the  district  and  one  in  the  sub-distict  in  which  such 
property  is  located,  the  board  may  petition  the  circuit 
court  of  such  county  to  have  such  lots  of  ground  con- 
demned for  the  use  of  public  schools,  and  such  proceed- 
ings shall  thereupon  be  had  in  the  name  of  such  board 
for  the  condemnation  thereof,  as  provided  for  in  chap- 
ter forty- two  of  this  Code:  Provided,  That  the  land  so 
taken  shall  not  exceed  in  quantity  one  acre. 

CIX.  When  condemnation  proceedings  become  necessary,  the  board    o 


SCHOOL  LAW  OF  WEST  VIRGINIA.  43 

education  should  consult  and  advise  with  the  prosecuting  attorney  who 
will  instruct  it  how  to  proceed  according  to  the  provisions  of  chapter  XL1I 
of  the  Code  of  West  Virginia. 

37.  All  school  houses,  school  house  sites  and  other  Schoo] 
property  belonging  to  any  board  of  education  and  used  erty°exem0pt. 
for  school  purposes,  shall  be  exempt  from  execution  or 

other  process,  and  from  lien  on,  or  distress  for  taxes  or 
county  levies;  but  when  any  order  of  the  board,  upon 
the  sheriff  of  the  county,  or  judgment  or  decree  for  a 
sum  of  money  against  the  said  board  has  been  presented  to 
such  sheriii  without  obtaining  payment,  payment  there- 
of may  be  enforced  by  the  circuit  court  by  mandamus 
or  an  order  for  specific  levy  on  the  property  taxable  in 
the  district. 

37«.  WHEREAS  it  is  represented  to  the  legislature  that, 
prior  to  the  introduction  of  the  present  free  school 
system,  many  lots  or  small  pieces  of  land  were  donated 
or  purchased,  and  the  title  thereof,  legal  or  equitable, 
vested  in  trustees  with  the  view  of  erecting  thereon 
buildings  designed  exclusively  for  educational  purposes, 
and  that  they  were  used  for  such  purposes  many  years 
prior  to  the  formation  of  the  State,  and  are  still  used  or 
claimed  by  the  boards  of  education  in  the  various  school 
districts  in  many  of  the  counties  of  the  State,  and  that 
said  trustees  in  many  cases  have  departed  this  life  or 
left  the  State,  and  others  since  the  introduction  of  the 
free  school  system  have  declined  to  act  or  take  any 
interest  in,  or  control  over,  such  lands;  therefore, 
Be  it  enacted  by  the  Legislature  of  West  Virginia: 

1.  That  the  title  of  all  such  lands  be,  and  the  same  is  TI?le  to  cer. 
hereby  vested  in  the  board  of  education  of  the  school  tain  lands, 
district  in  which  such  lands  as  have  been  in  the  actual 
possession  of  the  board  of  education  for  the  last  five 

years,  and  are  still  in  such  possession  and  not  otherwise 
claimed,  may  be,  and  their  successors  in  office,  to  be 
held  and  used  for  free  school  purposes,  and  none  other. 

2.  If  from  any  cause  the  board  of  education  of  the  Certain  lands 
school  district  in  which  any  such  land  may  lie,  shall  be  may  be  sold. 
of  opinion   that   the  interest  and   convenience  of  the 
schools  of  such  district  will  be  promoted  by  the  sale  of 

any  such  lands,  they  may  sell  and  convey  the  same,  and 
use  the  proceeds  of  such  sales  in  the  purchase  of  other 
lands  and  the  erection  or  repair  of  other  buildings  to  be 
used  and  held  for  free  school  purposes,  as  in  other 
cases. 

38.  To  provide  school  houses  and  grounds,  furniture,  L      for 
fixtures  and  appliances,  and  keep  the  same  in  good  or- 

der  and  repair,  to  supply  said  schools  with  fuel  and  all 
other  things  necessary  for  their  comfort  and  convenience, 
and  to  pay  any  existing  indebtness  against  the  building 


SCHOOL  LAW  OF  WEST  VIRGINIA. 

fund  and  all  other  expenses  incurred  in  the  district  in 
connection  with  the  schools,  not  chargeable  to  the 
"teachers'  fund,"  the  board  of  education  shall,  ai.nu- 
ally,  on  the  first  Monday  in  July,  or  as  soon  as  practi- 
cable thereafter,  levy  a  tax  on  the  property  taxable  in 
each  district,  not  to  exceed,  in  any  one  year,  the  rate 
of  forty  cents  on  every  hundred  dollars  valuation 
thereof,  according  to  the  latest  assessment  on  the  same 
for  State  and  county  taxation. 

GX.  The  levy  for  the  Building  Fund  is  limited  to  forty  cents  on  the  $100, 
except  in  the  case  of  hierh  schools  organized  under  the  provisions  of  section 
24  of  this  chapter  wherein  it  is  provided  that  for  the  equipment  and  sup- 
port of  these  high  schools  30  cents  additional  may  be  levied,  thus  making 
the  rates  of  levy  70  cents  on  the  $100. 

CXI.  It  is  the  duty  of  boards  of  education  to  levy  for  a  sufficient  amount 
for  both  teachers'  and  building  funds,  to  do  all  that  is  necessary  tohaveall 
the  schools  in  their  respective  districts  taught  five  months  in  the  year  un- 
less such  amount  would  require  a  levy  of  more  than  the  maximum,  rate 
fixed  by  law.  See  section  40  and  decisions  thereunder. 

CXII.  Power  of  board  to  purchase  outline  maps  and  dictionaries — "Sec- 
tion 14  seems  to  imply  that  there  may  be  apparatus  and  library  connected 
with  a  public  school  Section  16  limits  power  of  trustees  but  not  the  board 
of  education  as  to  expenditures  for  certain  articles.  I  am  inclined  to  a 
liberal  construction  of  the  law  in  respect  to  what  is  a  proper  expenditure  of 
the  buiding  fund.  I  believe  outline  maps,  dictionaries  for  reference  and 
any  other  necessary  apparatus  for  the  instruction  of  the  scholars  in  the 
branches  to  be  taught  in  the  school,  reasonable  in  amount,  can  be  pur- 
chased out  of  the  building  fund  at  the  discretion  of  the  board  of  educa- 
tion by  virtue  of  the  authority  conferred  by  the  34th  section  upon  such 
board  to  provide  such  furniture,  fixtures  and  appliances  for  the  school 
houses  as  the  convenience  of  the  scholars  may  require." — Alfred  Caldwell* 
Attorney-General. 


Building 
Fuud. 


39.  The  proceeds  of  taxes  so  levied,  of  school  houses 
and  sites  sold,  of  all  donations,  devises  and  bequests 
applicable  to  any  of  the  purposes  mentioned  in  the  pre- 
ceding section,  shall  constitute  a  special  fund  to  be  called 
the  ""building  fund,"  to  be  appropriated  exclusively  to 
the  purposes  named  in  the  preceding  section, 


CXIII.  A  balance  due  the  building  fund  should  not  be  taken  by  th«  board 
to  pay  debts  againet  the  teachers'  fund,  nor  should  money  be  taken  from 
the  teachers'  fu;.d  to  pay  claims  against  the  building  fund. 

CXIV.  Insurance  paid  for  th*  destruction  of  a  school  house  by  fire  is 
paid  to  the  credit  of  the  building  fund  of  th^  board  of  education  gener- 
ally, and  roay  be  used  to  erect  another  building  in  the  same  or  a  differ- 
ent place,  or  for  other  purposes,  as  the  board  may  direct. 

CXV.  To  supersede  or  correct  a  school  levy  by  the  circuit  court.  For 
process,  see  Acts  of  1875,  chapter  72,  and  Weils,  et  al  vs.  Board  of  Educa- 
tion, 20  W.  Va.  157. 


Levy  f<»r  .sup- 
port of 
schools 


40.  For  the  support  of  the  primary  free  schools  of 
their  district  and  in  each  independent  school  district,  and 
to  pay  any  existing  indebtedness  against  the  ""teachers' 
fund,"  the  board  of  education  thereof  shall  annually,  on 
the  iirst  Monday  in  July  or  as  soon  thereafter  as  possi- 
ble levy,  by  the  authority  of  the  people,  as  prescribed  in 
section  two  of  this  chapter,  such  a  tax  on  the  property 


SCHOOL  LAW  OF  WEST  VIRGINIA.  45 

taxable  in  the  district  as  will,  with  the  money  received 
from  the  State  for  the  support  of  free  schools,  be  suffi- 
cient to  keep  schools  in  operation  at  least  five  months  in 
the  year;  Provided,  The  said  tax  in  any  one  year   shall 
not  exceed  the  rate  of  fifty  cents  on  every  one  hundred  Limit 
dollars  valuation,  according  to  the  latest  available  assess- 
ment made  for  State  and  county  taxation.  The  proceeds 
of  this  levy,  together  with  the  money  received  from  the 
State  as  aforesaid,  shall  constitute  a  special  fund  to  be 
called  the  "teachers'  fund,"  and  no  part  thereof  shall  be  Teachers 
used  for  any  other  purpose  than  the  payment  of  teach- fund- 
er's  salaries;  first  for  the  current  year,  and  any  part  of 
said  fund  not  so  expended,  shall  be  appropriated  to  the 
payment  of  any  existing  indebtedness  created  for  said 
purpose.     Upon  the  failure  of  any  board  of  education 
to  lay  such  levy  as  is  hereby  required,  or  any  other  levy 
provided  for  in  this  chapter  they  shall  be  compelled  to  Board  may  be 
do  so  by  the  circuit  court  of  the  county  by  a  writ  of  man-  compelled  to 
damns,  unless  good  cause  be  shown  to  the  contrary. 

But  in  case  the  levy  provided  for  in  this  and  the  thirty- 
eighth  section  of  this  chapter  shall  not  be  sufficient  to  special  levy 
pay  any  existing  indebtedness  of  the  district,  in  addition 
to  the  other  purpose  for  which  it  is  levied,  the  board 
may  increase  such  levy  to  the  amount  actually  necessary, 
or  lay  a  special  levy  for  the  purpose.  And  in  no  case 
shall  the  appropropriation  of  any  money  to  the  payment 
of  any  existing  indebtedness,  directly  or  indirectly,  in- 
terfere with  the  payment  of  teachers'  salaries  for  the 
term  of  five  months,  for  which  the  schools  are  required 
by  law  to  be  kept  open  in  each  year. 

CXVI.  ^ection  61  of  chapter  XXXII,  of  the  Code,  provides  that:  "On  real 
and  personal  property,  not  exempt  from  taxation,"  there  shall  be  collected 
ten  cents  on  every  one  hundred  dollars'  valuation  thereof,  for  the  support 
of  free  schools.  See  sections  60  and  61  of  this  Chapter. 

CXVII.  Under  the  provisions  of  this  section,  the  free  schools  must  be 
kept  in  operati*  >n  at  least  five  months  in  the  year,  and  as  many  more  as  may 
be  determined  by  the.  voters  of  the  district. 

"In  districts  in  which  the  fifty  cent  levy  will  not  be  sufficient  to  maintain 
the  schools  for  five  months,  the  board  of  education  has  the  power  to  in- 
crease the  levy  to  the  amount  actually  necessary  to  make  up  the  deficiency, 
or  th«y  may  lay  a  special  levy  for  that  purpose."— T.  S.  Rilley,  Attorney- 
<icncral. 

CXVIII.  A  boa-d  of  education  has  no  authority  to  close  the  school  of  a 
district  before  the  term  of  five  mouths,  required  by  Jaw,  and  contracted  to 
be  taught  by  the  teachors,  has  been  finished,  on  account  of  lack  of  funds. 

CXIX.  A  board  of  education  maybe  compelled  bv  a  writ  of  mandamus  to 
levy  >it  a  sufficient  rate  to  run  the  schools  of  a  district  five  months,  if  the 
people  have  directed  by  vote  that  the  levy  be  made  and  the  rate  of  levy 
does  not  exceed  the  limit  prescribed  by  la\y  which  may  under  the  provis- 
ions of  section  40,  by  special  levy  exceed  fifty  cents  i>n  the  $100. 

CXX.  A  board  of  education  violates  a  plain  provision  of  the  law  when  it 
pays  -vxistiug  indebtedness"  out  of  the  levy  for  the  current  year  and 
thereby  shortens  the  term  of  the  schools  of  the  district  below  five 
months.  A  sum  necessary  to  run  the  schools  five  months  must  be  pro- 
vided, and  if  anything  is  left  it  may  be  applied  to  existing  indebtedness. 


46  SCHOOL  LAW  OF  WEST  VIRGINIA. 

Lon  er  term  41*  -^  ^e  board  °^  education  oi  any  district  agree  that 
than  fire  r  the  school  in  their  district  should  be  continued  more 
than  five  months  in  the  year,  or  if  twenty  or  more  voters 
of  the  district  ask  it,  in  writing,  they  shall  submit  the 
question  to  the  voters  thereof  at  the  next  general  election, 
which  order  shall  state  also  the  length  of  time  for  which 
it  is  proposed  to  continue  the  schools.  Ballots  may  be 
used  for  voting  on  the  question,  on  which  may  be  writ- 
ten or  printed  "for months  schools";  for  those  who 

are  in  favor  of  more  than  five  months  school;  those  who 
oppose  a  longer  term  than  five  months  may  vote  with  a 
ballot  having  written  or  printed  on  it,  "against  more 
than  five  months  school. "  And  if  the  proposition  for  a 
longer  term  than  five  months  have  a  majority  of  all  the 
votes  cast  for  and  against,  then  the  board  shall  order  the 
levy  accordingly.  Provided,  That  in  any  district  where 
a  poll  is  held  for  a  purpose  herein  specified,  notices  of 
such  election  shall  be  posted  by  the  secretary  of  the 
board  of  education  in  at  least  three  public  places  in  the 
district,  at  least  three  weeks  before  the  day  of  voting; 
and  the  notice  shall  explicitly  state  the  term  of  time  for 
the  school,  which  is  to  be  voted  for,  and  only  two  terms 
of  time  shall  be  voted  for  at  any  one  election.  And  the 
time  of  the  term  voted  for  at  such  election  shall  con- 
tinue for  two  years.  The  poll  shall  be  held  and  the 
election  conducted,  and  the  official  records  returned  as 
prescribed  in  the  second  section  of  this  chapter. 

The  trustees  in  each  sub-district  may,  in  their  discre- 
tion, order  all  the  schools  under  their  jurisdiction  to 
begin  in  any  month  in  the  school  year. 

42.  No  district  or  independent  school   district   shall 
I?  afJvJ^nH  hereafter  receive  any  share  of  the  distributable  State 

oi  otate  luna  _  11-  •  i  •    i        i        - 

levy  is  iimd  tor  tree  schools,  in  any  year  in   which  the  levy 

required  by  the  fortieth  section  has  not  been  made  in 
such  district  or  independent  school  district;  and  any 
money  heretofore  or  hereafter  distributed,  and  undrawn 
and  remaining  credited  on  the  books  of  the  auditor  to 
any  such  district  or  independent  school  district  on  the 
thirtieth  day  of  June  in  each  year,  shall,  on  that  day, 
be  transferred  on  the  books  of  the  auditor  to,  and  form 
a  part  of,  the  general  school  fund  to  be  distributed. 

CXXI.  It  is  the  duty  of  the  county  superintendent  of  any  county  in  which 
a  district  or  districts  have  voted  down  the  levy,  to  inform  the  Auditor  of 
the  same,  giving  name  or  names  of  said  district  or  districts,  that  he  may 
properly  transfer  that  part  of  the  State  fund  due  such  district  or  districts 
for  that  year  to  the  general  school  fund.  See  section  61,  last  clause. 

43.  The  assessor   of   every  assessment  district  shall 
tifufa^basS1"  ma^e  ou^  an(^  deliver  to  the  secretary  of  the  board  of 
forachooi       education  of  each  district  in  his  district,  on  or  before 

the  first  day  of  July  in  each  year,  a  certificate  showing 


SCHOOL  LAW  OF  WEST  VIRGINIA.  4.7 

the  aggregate  value  of  all  personal  property;  and  the 
clerk  of  the  county  court  shall  certify  to  the  said  secre- 
tary the  aggregate  value  of  all  real  estate  in  such  dis- 
trict or  independent  school  district,  which  certificates 
shall  serve  as  a  basis  for  any  levy  that  may  be  made  for 
school  purposes  for  that  year. 

44.  Immediately  upon  the  receipts  of  the  certificates 
mentioned  in  the  preceding  section,  and  of  the  notice 
from  the  county  superintendent,  as  hereinafter  provided, 
showing  the  amount  of  the  general  school  fund  to  which 
such  district,  or  independent  school  district,  is  entitled, 
it  shall  be  the  duty  of  the  board  of  education  of  such 
district,  to  determine  the  rates  of  taxation  necessary,  for 
the  pay  of  teachers  and  for  the  building  fund  in  their  rate  of 
district  for  the  school  year,  and  for  the  payment  of  any tion" 
such  existing  indebtedness,  as  aforesaid,  and  report  the 
same,  by  their  secretary,  to  the  clerk  of  the  county 
court,  to  the  county  superintendent,  and  also  to  the 
assessor;  and  thereupon,  it  shall  be  the  duty  of  the  said 
assessor  to  extend  on  his  books  of  assessment  for  State 
.and  county  purposes,  the  amount  of  taxes  levied  as 
aforesaid,  in  two  separate  columns,  the  one  headed 
"'teachers'  fund,"  and  the  other  "building  fund,"  from 
which  extension  the  sheriff  shall  proceed  to  collect  the 
same,  and  shall  account  therefor  as  required  by  law. 

Any  assessor  who  shall  fail  to  make  out  and  deliver 
the  certificate  mentioned  in  the  forty-third  section,  and 
any  secretary  of  a  board  of  education  who  shall  fail  to 
make  out  and  deliver  the  certficate  named  in  this  sec- 
tion, shall  be  fined  twenty  dollars  for  the  benefit  of  the 
building  fund  of  the  district.  And  any  assessor  who 
shall  charge  on  the  assessor's  books,  as  provided  in  the 
preceding  section,  a  greater  amount  of  taxes  than  is  due 
from  the  person  charged  therewith  shall,  in  such  case,  if 
the  overcharge  be  inadvertently  made,  be  fined  double 
the  amount,  and  if  wilfully  made,  ten  times  the  amount 
of  the  overcharge,  one-half  thereof  to  be  applied  to  the 
benefit  of  the  building  fund,  and  the  residue  to  the  in- 
former. 

The  fines  provided  for  in  this  section  may  be  recov-        flng 
ered,  on  motion  of  any  citizen  of  the  district,   or  sub-  recovered, 
district,  in  which  such  overcharge  or  delinquency  of  the 
assessor  or  secretary  shall  occur  or  in  which  the  prop- 
erty overcharged  may   be,  on  ten   days'  notice  before 
any  justice  of  such  district,  or  by  indictment  in  the  cir- 
cuit court. 

CXXII.  The  rate  of  taxation  and  levy  cannot  be  determined  and  laid  be' 
fore  the  first  Monday  in  July  of  each  year.  See  form  of  proceedings  at  tins 
meeting,  in  Appendix. 


48 


SCHOOL  LAW  OF  WEST  VIRGINIA. 


Board  must 
not  create 
debt. 


Debt  may  be 
created  in 
certain  cases. 


on  by  the 
people. 


Trustees  or 
Board  indi- 
vidually 
responsible 


45.  It  shall  not  be  lawful  for  the  board  of  education 
of  any  district,  or  independent  school  district,  to  con- 
tract for,  or  expend  in  any  year,  more  than  the  aggre- 
gate amount  of  its  quota  of  the  general  school  fund,  and 
the  amount  collected  from  the  district  or  independent 
school  district  levies  for  that  year,  together  with  any 
balance  remaining  in  the  hands  of  the  sheriff,  or  collec- 
tor, at  the  end  of  the  preceding  year,  and  such  arrear- 
ages of  taxes  as  may  be  due  such  district  or  independ- 
ent school  district. 

But  in  districts  wherein  there  is  a  town  or  city  with 
an  enumeration  of  youth  of  school  age  of  three  hun- 
fa^OT  OVer,  the  board  of  education  of  such  district 
may  borrow  money  and  issue  bonds  therefor  for  the 
purpose  of  building,  completing,  enlarging,  repairing 
or  furnishing  school  houses,  in  such  town  or  city.  Said 
bonds  shall  be  payable  not  exceeding  ten  years  from 
their  date,  and  the  rate  of  interest  thereon  shall  not 
exceed  six  per  centum  per  annum,  but  in  no  other  case 
shall  any  debt  be  incurred  by  such  board  to  be  paid  out 
of  school  money  for  any  subsequent  year:  Provided, 
That  no  debt  shall  be  contracted  under  this  section 
which  shall,  including  existing  indebtedness,  in  the 
aggregate,  exceed  five  per  centum  on  the  value  of  the 
taxable  property  in  said  district,  to  be  ascertained  by 
the  last  assessment  for  state  and  county  taxes  previous 
to  the  incurring  of  such  indebtedness,  nor  without  at 
the  same  time  providing  for  the  collection  of  a  direct 
annual  tax  sufficient  to  pay  annually  the  interest  on  said 
debt,  and  the  principal  thereof,  within  and  not  exceed- 
ing thirty-four  years;  and,  provided,  further,  that  no 
debt  shall  be  contracted  under  this  section  unless 
all  questions  connected  with  the  same  shall  have  been 
^rs*  submitted  to  a  vote  of  the  people  of  said  district, 
te^  and  have  received  three-fifths  of  all  the  votes  cast  for 
and  against  the  same.  Such  election  shall  be  held  and 
conducted  in  the  same  manner  as  the  general  school 
election  provided  for  in  this  chapter. 

If  the  trustees  of  any  district,  or  any  board  of  educa- 
tion shall  make  any  agreement  for  the  employment  of  a 
teacher  in  violation  of  this  section,  or  for  any  other 
object  concerning  free  schools  under  their  charge,  so  as 
to  occasion  thereby  the  aggregate  of  the  just  claims 
against  the  board  of  education  of  the  district,  or  inde- 
pendent school  district,  in  any  year,  to  exceed  its  aggre- 
gate receipts,  as  aforesaid,  for  such  year,  such  board  of 
education,  or  trustees,  shall  be  individually  responsible 
to  the  teacher,  or  other  person  with  whom  such  agree- 
ment is  made. 

The  board  of  education  of  each  district,  and  indepen- 


SCHOOL  LAW  OF  WEST  VIRGINIA.  49 

dent  school  district,  in  each  county,  shall  require  its 
secretary,  ten  days  prior  to  the  first  day  of  July,  in  each 
year,  to  prepare  and  post  at  three  places  of  election 
within  said  district,  or  independent  school  district,  and 
in  each  school  district  and  independent  school  district 
where  the  expenditures  for  all  school  purposes  in  any 
one  school  year  in  said  district  shall  equal  or  exceed  the 
sum  of  three  thousand  dollars,  said  board  of  education 
shall  also  publish  in  some  newspaper  of  the  county 
having  a  general  circulation  in  the  district,  an  itemized 
statement,  duly  sworn  to  by  the  president  and  secretary 
of  said  board,  showing  all  moneys  disbursed  by  said  pre- 
sident and  secretary  by  orders  on  the  sheriff,  or  other- 
wise, within  the  school  year,  last  preceding,  distinguish- 
ing between  the  teachers'  fund  and  building  fund.  The 
statement  shall  give  the  name  of  each  person  to  whom 
an  order  shall  have  been  issued,  and  shall  state  the 
object  for  which  it  was  given. 

CXXIII.  The  law  maks  no  provision  for  additional  compensation  for  the 
secretary  in  consideration  of  making  up  the  statements  to  be  published  by 
boards  in  all  districts  having  an  annual  expenditure  of  $3,000  or  more. 

CXXIV.  An  important  case  arising  under  the  provisions  of  Section  45, 
was  decided  by  the  Supreme  Court  of  Appeals,  December  6,  1898,  and  id 
reported  in  38  W .  Va . ,  p .  382 .  The  syllabus  reads  as  follows : 

1.  Schools  and  Schoolhouses — Boards  of  Education — Contracts — Construction 
of  Statutes 

Under  section  45,  c.  45,  of  the  Code,  the  value  of  a  school  house  and  site 
yet  unsold,  though  the  board  of  education  intends  to  sell  it,  can  not  be 
taken  into  consideration  in  estimating  the  amount  of  money  available  in 
the  fiscal  y^ar  for  contracts  and  expenditures. 

2.  Schools  and  schoolhouses— Boards  of  Education— Contracts— Construction 
of  Statutes. 

Where  a  contract  between  a  board  of  education  and  contractors  for  build- 
ing aschoolhouse  fixes  a  sum  as  the  contract  price,  which  may  exceed  the 
amount  of  money  available  under  section  45,  c.  45  of  the  Code  for  a  fiscal 
school  year,  but  contains  a  provision  that  no  liability  shall  be  imposed  by 
such  contract  on  the  board  for  anything  beyond  the  sum  lawfully  availa- 
ble under  that  section,  so  as  to  prevent  the  contractors  from  recovering  of 
the  board  anything  beyond  such  sum,  the  contract  is  not  unlawful  under 
said  section,  so  as  10  prevent  the  board  from  paying  upon  it  such  money 
as  is  applicable  under  said  section. 

46.  The  sheriff  or  collector  of  the  county  shall  receive,  Duties o 
collect  and  disburse  all  school  moneys  for  the  several  sheriff, 
districts  and  independent  districts  therein,  both  that 
levied  by  said  district  and  that  distributed  thereto  by 
the  State.  He  shall  be  required  by  the  county  court  to 
give  in  addition  to  hi?  bond  as  collector  of  the  State  and 
county  taxes  a  special  bond  in  approved  security  in  a 
penalty  equal  to  double  the  amount  of  school  money 
which  will  probably  come  into  his  hands  for  school  pur- 
poses during  any  one  year  of  his  term  of  office,  which 
shall  be  made  payable  to  the  State  of  West  Virginia, 
with  one  or  more  sureties  deemed  sufficient  by  such 
court,  and  proved  or  acknowledged  before  such  court 
and  an  order  stating  such  proof  or  acknowledgment 
shall  be  entered  of  record  by  such  court. 


50  SCHOOL  LAW  OF  WEST  VIRGINIA. 

He  shall  keep  his  accounts  with  the  several  boards  of 
education  of  each  district  and  independent  school  dis- 
trict: one  of  money  belonging  to  the  teachers'  fund  and 
the  other  of  money  belonging  to  the  building  fund,  and 
shall  credit  every  receipt  and  charge  every  disburse- 
ment to  the  fund  to  which  it  belongs.  He  shall  pay  out 
no  money  standing  to  the  credit  of  the  board  of  educa- 
tion, except  upon  an  order  signed  by  the  secretary  and 
president  thereof,  specifying  the  sum  to  be  paid  and  the 
fund  to  which  it  is  to  be  charged;  or  upon  a  certified 
copy  of  a  judgment,  or  a  decree  of  a  court  of  justice 
against  the  said  board,  for  a  sum  of  money  therein 
specified;  or  upon  an  order  of  the  county  superintend- 
ent, as  provided  in  section  eight  of  this  chapter. 
sheriff's  set-  He  shall,  on,  or  immediately  before,  the  first  day  of 
bonds'  with  J^y  in  eack  year>  settle  with  the  board  of  education  of 
each  district  and  independent  school  district,  in  which 
settlement  he  shall  be  charged  with  the  amount  of  taxes 
levied  by  the  board  of  education  upon  the  property  of 
the  district  or  independent  school  district,  for  the  teach- 
ers' fund  and  building  fund,  and  to  pay  any  indebted- 
ness of  the  district,  and  with  the  amount  distributed 
thereto  from  the  general  State  fund,  and  for  any  other 
moneys  received  by  him  during  the  current  year  on 
account  of  the  free  schools  of  such  district  or  independ- 
ent school  district;  and  he  shall  be  credited  with  the 
amount  of  delinquent  school  taxes  of  such  district  or 
independent  school  district  that  has  been  duly  returned 
by  him  and  certified  by  the  clerk  of  the  county  court  to 
such  board  of  education. 

He  shall  also  be  credited  in  such  settlement  with  all 
vouchers  produced  by  him,  if  found  to  be  correct  by  the 
district  board  of  education,  and  he  shall  receive  no  other 
credits  except  his  commission  as  hereinafter  provided; 
an  account  of  this  settlement  shall  be  made  out  by  each 
board  of  education,  naming  the  district  for  which  it  is 
made,  with  the  proper  debits  and  credits  which  were  the 
subjects  of  this  settlement.  They  shall  also  number  all 
vouchers  with  which  the  sheriff  has  been  credited  by  r 
them,  end  endorse  on  the  back  of  each  the  words, 
"Settled  by  B.  E."  Under  this  endorsement  the  secre- 
tary of  the  board  shall  sign  his  name  and  date  of  settle- 
ment. 

sheriff's  set-  All  such  accounts  and  vouchers  so  endorsed  shall  then 
^e  delivered  to  the  sheriff  or  collector  whose  duty  it 
shall  be  to  deliver  them  to  the  clerk  of  the  county  court, 
which  accounts  and  vouchers  shall  serve  as  a  basis  of 
the  settlement  to  be  made  by  the  sheriff  or  collector, 
with  the  county  court,  according  to  Article  XII.  and 
section  7  of  the  Constitution,  and  section  fifty-two  of 


SCHOOL  LAW  OF  WEST  VIRGINIA.  51 

this  chapter.  If  any  sheriff  or  collector  shall  pay  out 
in  any  one  year,  more  money  on  account  of  the  teach- 
ers' fund  or  building  fund  than  shall  have  been  levied 
and  could  have  been  collected  by  him  during  said  year, 
together  with  the  amount  remaining  in  his  hands  from 
any  preceding  year,  he  shall  in  such  settlement,  receive 
no  credit  for  such  excess. 

He  shall  receive  no  pay  for  receiving  and  disbursing  sheriff's  com 
the  State  school  fund,  and  not  more  than  two  per  cent.  ml.f10°  on 

,,  ..  i   j  •   i_         •  'iij_  i  railroad  taxes. 

for  receiving  and  disbursing  railroad  taxes,  and  no  pay 
for  the  disbursement  of  any  school  money,  arising  from 
the  sale  of  school  property  or  received  from  any  other 
source  than  levies.  If  he  fail  to  account  for  and  pay 
over,  as  required  by  law,  any  money  which  may  come 
to  his  hands,  or  for  which  he  is  liable,  judgment  may  be 
recovered  therefor  against  him  and  his  securities,  with 
interest  and  ten  per  cent,  damages;  and  upon  the  failure 
of  such  sheriff  to  pay  any  proper  draft  which  may 
drawn  by  the  said  board  of  education  upon  him,  the 
person  entitled  to  receive  the  sum  of  money  specified  in 
such  draft  may  require  the  sheriff  to  endorse  thereon, 
or  write  across  the  face  thereof  the  words  "presented 
for  payment,"  with  the  proper  date,  and  sign  the  same, 
and  judgment  upon  motion  therefor  may  be  obtained 
against  the  sheriff  before  any  justice  of  his  county,  or 
before  the  circuit  court  thereof,  with  interest  from  the 
time  said  draft  was  presented  and  ten  per  cent,  damages, 
he  having  had  at  least  ten  days'  notice  of  the  motion: 
Provided,  That  no  sheriff  shall  be  required  to  endorse 
any  school  order,  nor  shall  suit  be  brought  on  any  such 
school  order  prior  to  the  first  day  of  November  of  the 
current  school  year. 

CXXV.  Where  error  is  discovered  after  a  settlement  has  "been  made  it 
may  be  corrected  by  proper  legal  proceedings. 

CXXVI.  See  Code,  chapter  41,  section  56,  as  to  penalty  for  sheriff,  who 
shall  lail  or  refuse  to  pay  any  draft  or  order  lawfully  drawn  upon  him,  un- 
der certain  circumstances. 

GXXVII.  "Neither  the  board  of  education,  as  a  corporation,  nor  the 
members  thereof  individually,  are  liable  to  a  sheriff  who  has  paid  out  more 
in  any  year,  on  account  of  the  teachers'  fund,  than  has  been  levied  and 
could  have  been  collected  by  him  during  such  year,  together  with  the 
amount  remaining  in  his  hands  from  any  previous  year."— Alfred  Caldwell, 
Attorney-General. 

CXXVIII.  School  orders  shall  be  received  at  par  value  in  payment  of 
taxes,  county  and  district  levies,  militia  fines  and  officers'  fees,  etc.— bee 
section  1(5,  chapter  41,  Code. 

CXXIX.  There  is  no  law  providing  for  the  payment/by  boards  of  educa- 
tion, or  fees  to  county  clerks  for  preparing  abstracts  of  sheriffs'  settlements 
as  required  by  section  52:  or  certifying  delinquent  lists  to  Boards  ol  educa- 
tion, as  required  of  him  by  this  section,  or  for  certifying  the  value  of  real 
estate  to  said  boards  as  he  is  required  to  do  by  section  43.  This  work  is  a 
part  of  his  duty  as  a  county  officer,  for  which  he  is  paid  a  salary  out  of  the 
county  treasury  by  the  county  court. 


SCHOOL  LAW  OF  WEST  VIRGINIA. 


47.  The  delinquent  lists  for  district  levies  shall  be  re- 
turned and  real  estate  sold  therefor,  as  hereinafter  pro- 
vided. 

Such  lists  of  delinquent  lands  shall  be  in  form,  or  in 
substance,  as  follows: 

"List  of  real  estate  in  the  district  of  -  — ,  in  the  coun- 
ty of  -  — ,  delinquent  for  the  non-payment  of  school 
taxes  thereon  for  the  year  -  — :" 


o3 
o 

6C 
a 

a 

£ 

S^ 

CD  r-t 

a> 

T3 

Name  of  Person  . 

Estate  held. 

Quantity  of  land 

lj 

s 

s 

Distance  and  b 
from  courthot 

Teachers'  fund. 

Building  fund. 

[3 

'o 

P4 

CO 

Why  returned 
quent. 

The  delinquent  lists  of  personal  property  shall  be  in 
form  or  in  substance  as  follows: 

'  'List  of  personal  property  in  the  district  of  -  — ,  in 

the  county  of ,  delinquent  for  non-payment  of 

school  taxes  thereon  for  the  year  -  — :" 


4 

"QJ 

Name  of  Person. 

'o'S 

a 

a 

• 

a> 
a 

If 

0) 

bC 

a 

5 

g  "S 

** 

ft 

••d 
1 

1 

fl0" 

H 

H 

PQ 

00 

^ 

And  the  sheriff  or  collector  returning  such  lists  shall, 
at  the  foot  thereof,  subscribe  the  following  oath:     UI, 

A B ,  sheriff,  (deputy  sheriff  or  collector),  of 

the  county  of ,  do  swear  that  the  foregoing  list  is, 

I  verily  believe,  correct  and  just;  and  that  I  have  receiv- 


SCHOOL  LAW  OF  WEST  VIRGINIA. 


53 


ed  no  part  of  the  taxes  for  which  the  real  estate  (or  per- 
sonal property,  as  the  case  may  be),  therein  mentioned 
is  returned  delinquent,  and  that  1  have  used  due  dili- 
gence to  find  property  within  my  county  liable  to  dis- 
tress for  said  taxes,  but  have  found  none." 

48.  The  said  lists  shall  be  returned  to  the  county  court,  property  lists 
before  the  first  day  of  July  in  every  year,  and  a  list  of  disposition 
real  estate  shall  be  examined,  corrected  and  allowed  by 

said  court,  and  a  copy  thereof  certified  to  the  auditor, 
and  another  copy  to  the  assessor  for  future  use  in  mak- 
ing out  the  next  land  book.  The  list  of  personal  pro- 
perty shall  also  be  examined,  corrected  and  allowed  by 
the  court,  and  the  amount  thereof  so  allowed,  together 
with  the  amount  allowed  of  the  list  of  real  estate,  shall 
be  certified  by  the  clerk  of  said  court,  to  the  secretary 
of  the  board  of  education  of  the  proper  district.  The 
original  list  shall  be  preserved  by  the  clerk  of  said  court 
in  his  office. 

CXXX.  Secretaries  should  see  to  it  that  clerks  of  the  county  courts 
furnish  them  with  these  lists  before  the  first  Monday  in  July,  as  required 
bylaw. 

49.  The  auditor  shall  include  the  school  taxes  on  real  Return  of  de- 
estate  so  returned  delinquent,  in  his  list  to  be  furnished  lin(iuent  land- 
the  sheriff  for  sale  for  deliquent  taxes. 

50.  There  shall  be  a  lien  on  all  real  estate  for  the  dis-  Lien  on  real 
trict  levies  assessed  thereon,  from  the  day  fixed  by  law  estate  for 
for  the  commencement  of  the  assessment  of  taxes  therein  e 

for  such  year,  and  interest  upon  such  levies  at  the  rate 
of  six  per  cent,  per  annum,  from  the  twentieth  day  of 
January  in  the  year  following  that  in  which  the  assess- 
ment is  made,  until  payment. 

51.  A  copy  of  the  list  of  personal  property,  returned  L.gt  Q{ 
delinquent  for  the  non-payment  of  district  levies,  shall,  a/property^e- 
be  placed  by  the  clerk  of  the  county  court  in  the  hands  ^™d  delin- 
of  the  sheriff  or  collector  for  collection,  to  be  collected 

and  accounted  for  by  him,  in  the  same  manner  as  for 
levies  originally  placed  in  his  hands  for  collection;  and 
he  may  collect  such  levies  by  distress  or  otherwise,  at 
any  time  within  two  years  after  they  are  so  placed  in  his 
hands. 

52.  Every  sheriff  or  collector  shall  be  allowed  five  sheriff 's  com- 
per  centum,  commissions  on  the  collection  of  all  district  S 

levies  for  free  school  purposes.  In  addition  to  the  settle- 
ments required  to  be  made  with  each  board  of  a  district, 
every  sheriff  or  collector  of  school  moneys  shall  also 
make  annual  settlements,  by  districts,  with  the  county 
court  of  his  county,  at  its  next  term  after  the  first  day 
of  July  of  each  year,  showing  the  amount  of  all  moneys 
received  and  disbursed  by  him  for  the  preceding  year 


5i  SCHOOL  LAW  OF  WEST  VIRGINIA. 

for  school  and  building  purposes  from  State  and  from 
the  district  and  independent  school  district  funds,  and 
the  amount  due  to  each  district;  which  settlement  shall 
be  made  a  matter  of  record  by  the  clerk  of  said  court, 
in  a  book  to  be  kept  for  that  purpose.  All  accounts 
and  youchers  required  to  be  returned  to  the  clerk  of  the 
county  court  by  section  forty-six  of  this  chapter,  shall 
be  filed  b}^  said  clerk  in  his  office,  and  the  file  of  each 
district  shall  be  kept  separate. 

penalty  for  ^  any  snerifi  or  collector  of  school  moneys  shall  fail 
failure  to  to  make  the  settlement  required  by  this  section  at  the 
5ients!et  time  required,  without  reasonable  cause  therefor,  he 
shall  forfeit  fifty  dollars  to  the  general  school  fund,  and 
a  like  penality  shall  be  incurred  by  him  for  each  subse- 
quent term  of  the  court  that  shall  pass  without  such 
settlement.  And  the  sheriff  or  collector  shall  moreover, 
be  charged  with  twelve  per  cent,  interest  on  all  school 
moneys  in  his  hands  for  the  time  he  is  in  default  in  mak- 
ing the  settlement  required  in  this  section,  which  inter- 
est shall  be  charged  up  against  him  when  the  settlement 
shall  be  made.  • 

Prosecuting  When  the  sheriff  or  collector  shall  fail  to  make  this 
a11  se^emen^  at  ^e  time  required  herein,  it  shall  be  the 
duty  of  the  prosecuting  attorney  to  proceed  by  action 
against  him  and  his  securities  in  the  circuit  court,  to 
recover  the  fine  imposed  upon  him  by  this  section. 
Every  sheriff  or  collector  shall,  moreover,  be  liable  to 
any  person  injured  in  consequence  of  his  failure  to  make 
the  settlement  herein  required.  This  settlement  shall 
extend  back  to  the  commencement  of  the  term  of  office 
of  such  sheriff  or  collector. 
M  ™v^r  ^  anJ  hoard  of  education  fail  to  make  the  settlements 

Members  of  »       i  •«  .  •         «  •         ,.     i  •         T  .,1        i 

board  fined,  required  by  section  forty-six  ot  this  chapter,  with  the 
sheriff,  when  requested  by  him  to  do  so,  each  member 
of  such  board  so  failing  or  refusing  shall  be  fined  twenty 
dollars,  for  the  benefit  of  the  school  fund. 

The  clerk  of  the  county  court  shall  transmit  an 
abstract  of  the  settlement  to  the  State  Superintendent  of 
Free  Schools  within  ten  days  after  the  same  has  been 
made. 

And  the  retiring  sheriff  shall  within  sixty  days  after 
he  shall  have  made  his  final  settlement  in  the  manner 
herein  provided,  pay  and  turn  over  to  his  successors  in 
office  such  balances  as  may  be  shown  due  from  him  by 
said  settlements  upon  such  order  as  is  prescribed  by  sec- 
tion forty- six  of  this  chapter,  and  if  he  fail  to  do  so,  he 
shall  be  liable  to  the  forfeit  and  penalty  herein  pres- 
cribed. 

CXXXI.  This  abstract  of  the  settlement  withi  the  shf-riff  should  be 
promptly  forwarded  to  the  State  superintendent,  by  the  county  clerfc,  imme- 


SCHOOL  LAW  OF  WEST  VIRGINIA.  55 

diately  after  the  settlement  with  the  sheriff  made  at  the  next  term  of  the 
county  court  after  ihe  first  day  of  July  annually,  as  required  by  section  52. 

53.  The  county  superintendent  of  schools  shall  be  a  county  super- 
person  of  good  moral  character,  of  temperate  habits,  ^^fi6^' 
literary  acquirements,  and  skill  ana  experience  in  the  2Sd  safary°ni 
art  of  teaching.     He  shall  receive  for  his  services  an 
annual  compensation,  as  follows:     In  counties  having 
not  more  than  fifty  schools,  one  hundred  and  fifty  dol- 
lars; in  counties  having  more  than  fifty  and  not  more 
than  seventy-five  schools,  two  hundred  dollars;  in  coun- 
ties having  more  than  seventy-five  and  not  more  than 
one  hundred  schools,  two  hundred  and  fifty  dollars,  and 
in  counties  having  more  than  one  hundred  schools,  three 
hundred  dollars,  which  salary  shall  be  paid  ratably  for 
any  shorter  term  of  service  than  one  year. 

Such  compensation  shall  be  paid  quarterly,  upon  salary,  how 
orders  drawn  by  the  county  superintendent  on  the  State  paid- 
Superintendent  of  Free  Schools,  who  shall,  upon  receiv- 
ing the  same,  draw  his  warrant  upon  the  auditor  there- 
for, payable  to  such  county  superintendent,  or  to  such 
person  as  he  may  direct.  But  the  final  payment  shall 
not  be  made  until  the  county  superintendent  has  made 
the  reports  required  of  him  to  the  State  Superintendent 
of  Free  Schools.  The  same  shall  be  paid  out  of  the 
general  school  fund,  but  the  amount  thereof  shall  be 
deducted  by  the  auditor  from  the  amount  next  to  be 
distributed  to  each  county. 

He  shall,  before  entering  upon  the  duties  of  his  office, 
execute  a  bond,  conditioned  according  to  law,  before  the  bond, 
county  court  of  his  county,  or  the  clerk  thereof  in  vaca- 
tion, in  the  sum  of  five  hundred  dollars,  with  approved 
security,  upon  which  bond  he  shall  be  liable  in  any  court 
having  jurisdiction,  to  any  person  or  persons,  or  to  any 
board  of  education,  for  losses  sustained  by  reason  of  his 
neglect;  or  non-performance  of  duties  imposed  by  this 
chapter.  Said  bond  shall  be  filed  in  the  office  of  the 
clerk  of  the  county  court,  who  shall  within  five  days 
certify  to  the  State  "Superintendent  of  Free  Schools  the 
name  of  said  county  superintendent  and  his  post  office 
address:  Provided,  That  the  county  superintendents 
heretofore  elected  shall  continue  in  office  until  their  suc- 
cessors shall  have  been  elected  and  qualified  under  this 
chapter. 

A  vacancy  in  the  office  of  county  superintendent  shall  vacancy,  how 
be  filled  for  the  unexpired  term  by  the  presidents  of  thefllled- 
boards  of  education  in  the  county,   at  a  meeting  to  be 
called  for  that  purpose  by  the  clerk  of  the  county  court, 
at  the  court  house  of  the  county,  within^  thirty  days 
after  the  vacancy  occurs.     A  majority  of  said  presidents 


56  SCHOOL  LAW  OF  WEST  VIRGINIA. 

shall  be  necessary  to  constitute  a  quorum  at  such  meet- 
ing. 

CXXXII.  County  superintendents  must  make  their  reports  to  the  state 
superintendent  full  and  complete  before  making  requisition  for  last 
quarter's  salary;  and  the  state  superintendent  must  see  to  it  that  said  re- 
port is  full  and  accurate  before  issuing  his  requisition  upon  the  Auditor  for 
said  last  quarter's  salary  ot  count j  superintendent. 

CXXXII1.  The  offices  of  county  superintendent  and  of  notary  public  are 
not  incompatible. 

CXXXIV.  County  superintendents  have  no  official  authority  over  the 
question  of  the  rate  of  wages  to  be  paid  in  xhe  several  districts.  Boards  of 
education  fix  the  rate  to  be  paid  each  grade,  provided  tiiat  they  do  nos  go 
below  $25  per  month  for  grade  No.  1;  $22  for  No.  2;  and  $18  for  No.  3  certifi- 
cates. See  section  6. 

CXXXV.  The  county  superintendent  should  not  pay  the  secretaries  un- 
til he  has  examined  their  books  and  found  them  correct.  If  he  does  this 
he  violates  the  plain  provision  of  law  as  set  forth  in  section  8  of  this  chap- 
ter. 

CXXXVI.  The  salary  of  the  county  "superintendent  depends  or  is  regu- 
lated by  the  number  of  schools,  and  I  have  no  doubt  that  if  the  number  of 
schools  increase  so  as  to  increase  his  salary  during  his  term  of  office  he  is 
entitled  to  such  increased  salary. —T.  S.  Riley,  Attorney-General. 

county  super-     54.  The  county  superintendent  shall  visit  each  school 
intendent  to    within  his  county,  at  least  once  in  each  school  year,  at 

visit  schools.  ..  J 

such  time  as  be  may  deem  necessary  and  proper,  and 
note  the  course  and  method  of  instruction  and  the 
branches  taught,  and  give  such  directions  in  the  art  of 
teaching,  and  the  method  thereof  in  each  school,  as  to 
him  shall  seem  necessary  or  expedient,  so  that  the  uni- 
formity in  the  course  of  studies  and  methods  of  instruc- 
tion employed  shall  be  secured,  as  far  as  practicable,  in 
the  schools  of  the  several  grades,  respectively. 

He  shall  acquaint  himself,  as  far  as  practicable,  with 
the  character  and  condition  of  each  school,  noting  any 
deficiencies  that  may  exist,  either  in  the  government  of 
the  school,  the  classification  of  its  scholars,  or  the 
method  of  instruction  employed  in  the  several  branches, 
and  shall  make  such  suggestions  in  private  to  the  teach- 
er, orally  or  by  writing,  as  to  him  shall  appear  to  be 
necessary  to  the  good  order  of  the  schools  and  the  pro- 
gress of  the  scholars-  He  shall  note  the  character  and 
condition  of  the  school  houses,  the  sufficiency  or  insuf- 
ficiency of  their  furniture  and  fixtures,  and  shall  make 
such  suggestions  to  the  several  boards  of  education  and 
trustees  as  in  his  opinion  shall  seem  conducive  to  the 
comfort  and  progress  of  the  scholars  in  the  several 
schools. 

55.  It  shall  be  the  duty  of  the  county  superintendent 
to  aid  the  teachers  in  all  proper  efforts  to  improve  them- 
selves in  their  profession.  For  this  purpose,  he  shall 
encourage  the  formation  of  county  institutes  for  mutual 
improvement;  shall  attend  the  meetings  of  said  institutes 


County  and 
union  insti- 
tutes. 


SCHOOL  LAW  OF  WEST  VIRGINIA.  57 

whenever  practicable,  and  give  such  advice  and  instruc- 
tion, in  regard  to  their  conduct  and  management,  as  in 
his  judgment  will  contribute  to  their  great  efficiency. 
In  connection  with  superintendents  of  the  adjoining 
counties,  each  county  superintendent  shall  encourage  the 
formation  of  union  institutes;  shall  attend  and  partici- 
pate in  the  exercises  of  the  same,  as  far  as  practicable; 
and  shall  use  all  proper  means  to  improve  the  efficiency 
of  the  teachers  and  to  elevate  their  profession. 

He  shall  at  all  times  conform  to  the  instructions  of 
the  State  Superintendent  of  Free  Schools,  as  to  the  mat- 
ters within  the  jurisdiction  of  the  said  Superintendent, 
and  shall  serve  as  the  organ  of  communication 
between  him  and  the  several  district  boards  of  education. 
He  shall  distribute  from  his  office  all  blanks,  circulars, 
copies  of  school  laws  and  other  communications  from 
the  State  Superintendent  to  the  several  boards  and  per- 
sons entitled  to  receive  the  same. 

56.  In  addition  to  the  reports  mentioned  in  the  twenty-  county  super- 
second  section,  it  shall  be  the  duty  of  the  county  super-  *Jte  jj£enVs 
intendent  to  make  out  and  transmit  to  the  State  Super- re 
intendent  of  Free  Schools  a  detailed  report  of  the  condi- 
tion and  character  of  the  schools  within  his  county,  not- 
ing all  deficiencies  and  suggesting  their  remedies,  with 

such  remarks  upon  the  operations  of  the  school  laws  as 
his  experience  and  observation  may  suggest,  pointing 
out  wherein  he  considers  them  deficient.  He  shall  also 
report  such  districts  as1  have  failed  to  make  returns  of 
the  enumeration  of  youth  as  required  in  the  nineteenth 
section  of  this  chapter;  and  also  those  districts  that  have 
failed  to  make  the  levy  required  in  section  forty.  It 
shall  be  the  duty  of  the  county  superintendent  to  make 
in  a  well  bound  book  to  be  kept  for  the  purpose,  a  record 
of  all  his  proceedings;  of  all  certificates  issued  by  the 
board  of  examiners,  and  of  all  reports  made  by  him, 
which  book  shall  be  the  property  of  the  office;  and  all 
outgoing  county  superintendents  shall  make  the  report 
required  for  each  year  of  their  service. 

OXXXVII  The  law  as  laid  down  in  section  66,  is  explicit  in  requiring  a 
written  report  of  the  condition  of  the  schools  and  school  work  over  which 
they  have  supervision.  Blank  pages  are  found  in  the  county  superinten- 
dent's "annual  report"  and  the  same  should  be  properly  filled. 

57.  No  school  officer,  or  teacher  of  any  free  school,  shall  snoois  officers 
act  as  agent  for  any  author,  publisher,  bookseller,  or  other  SftoSt  »7 
person,^  to  introduce  or  recommend  the  use  of  any  book,  agents. 
apparatus,  furniture,  or  other  article  whatever,  in  the 

free  schools  of  this  State,  or  any  one  or  more  of  them, 
or  directly  or  indirectly  contract  for  or  receive  any  gift' 
or  reward  for  so  introducing  or  recommending  the  same; 


58  SCHOOL  LAW  OF  WEST  ^VIRGINIA. 

nor  shall  each  person  be  otherwise  interested  in  the  sale, 
proceeds  or  profits  of  any  book  or  other  thing  used,  or 
to  be  used  m  said  schools:  Provided,  That  nothing 
herein  shall  be  coastrued  to  apply  to  any  book  written, 
or  thing  invented  by  such  person,  or  to  merchants  who, 
in  connection  with  their  business,  may  desire  to  sell 
school  books  or  other  things  used  in  schools.  Provided, 
further,  That  the  same  are  embrced  in  the  prescribed 
series. 

GXXXVIII.  It  IB  not  a  violation  of  law  fo»  the  teacher  to  order  for  the 
pupil*  of  hla  Bfthool,  they  ftirniihlng  the  money,  the  lawful,oontractnchool 
booka  they  need,  at  the  contract  price,  either  by  mail  or  express.  The 
teacher  would  riolate  the  law,  howev»r,  if  he  took  any  profit,  or  in  any  sense 
became  an  agent  or  dealer  in  school  books. 

58.  [This  is  inserted  in  place  of  section  58  of  chapter 
45  of  the  code,  which  is  repealed  by  it.] 

I.  That  on  and  after  the  first  day  of  July,  1896,  the 
following  text-books,  and  no  others,  except  as  herein- 
after provided,  shall  be  used  in  the  primary  and  graded 
schools  throughout  the  State,  and  the  prices  of  said 
books  shall  be  and  remain  the  same  as  are  named  in  this 
section. 

ORTHOGRAPHY. 

Contract  Price. 

McGuffey's  Revised   Eclectic 

Spelling  Book lOc.  (ten  cents.) 

BEADING. 

Contract  Price. 

McGuffey's  Revised  First  Ec- 
lectic Reader  lOc.  (ten  cents.) 

MoGuffey's  Revised  Second 
Eclectic  Reader 18e.  (eighteen  cents.) 

McGuffey's  Revised  Third 

Eclectic  Reader 25c.  (twenty-five cents.) 

McGuffey's  Revised  Fourth 

Eclectic  Reader 30c.  (thirty  cents.) 

McGnffey's  Revised  Fifth  Ec- 
lectic Reader 45c.  (forty-five  cents.) 

PENMANSHIP. 

Contract  Price. 

Ginn  &    Co.'e    Grammar  Course, 

Nos.  1,  2,  3,  4,   5,  6  and  7,  32 

pages  to  each  number,  Nos.  1 

and  2  having  two  copies  to  each 

page 5c,  esich  (five  eta,) 

Giim  &  CO,'H  Tracing  Books,  Nos, 

1,  $  and  3 ,,,.,,«,,..,,,,.    4o,  each  (four  cttu 


SCHOOL  LAW  OF  WEST  VIRGINIA.  59 

MATHEMATICS. 

Contract  Price.  Contract  Ex- 

change Price. 

Rays   New  Primary 

Arithmetic  .........  .  lOc.  (ten  cents.) 

Brooks'    New    Mental 

Arithmetic  ..........  22c.  (twenty-two      15c.  (fifteen 

cents.)  cents.) 

Contract  Price. 

Ray's  New  Practical  Arithme- 

tic .......................   35c.  (thirty-five  cents.) 

Ray's  New  Higher  Arithmetic  60c.  (sixty  cents.) 
Ray's  New  Elementary  Alge- 

bra ......................  60o.  (sixty  cents.) 

Ray's  Ne  w  Higher  Algebra.  ..  75c.  (seventy-five  cents.) 
Evane'  School  Geometry  for 

beginners  .  .  ..............  4:0c.  (forty  cents.) 

ENGLISH   GRAMMAR. 

Cou  tract  Prlco. 

Hyde's  Language  Lessons,  Parti  25o.  (twenty-five  ot».) 
Hyde's  Language  Lessons,  Part  II  -I3c.  (forty  :thre©  cts.) 

Contract  Prioa.  Contract  Bx- 


Advanced  Lessons  in 
English  (Hyde),  for 
high  schools  ........  36c.  (thirty-six         25c.  (twenty- 

cents.)  five  cents.) 

Harvey's  Revised  En- 
glish         Grammar 
(Harvey),   for  high 
schools  ............  47c.  (forty-aeven 

cents.) 

PHYSIOLOGY. 

Contract  Price. 

Cutter's    Beginner's    Anatomy, 

Physiology  and  Hygiene  .....  SOc.  (twenty  cents.) 
Cutter's    Intermediate  Physiol- 

ogy and  Hygiene  .............  35c.  (thirty-five  cents.) 

Cutter's  Comprehensive  Physiol- 

ogy and  Hygiene  ............  60o.  (sixty  cents.) 


HISTORY. 


Contract  Price.          Contract  Ex 
change  Price. 


General    History  — 

Myers'  General  His- 
tory   $1.10  (one  dollar  and 

ten  cents.)    82c.  (eighty- 
two  cents, ) 


60  SCHOOL  LAW  OF  WEST  VIRGINIA. 

Contract  Price.       Exchange  Price 

United  States — Lead- 
ing Facts  of  Ameri- 
can History  (Mont- 
gomery)    65c.  (sixty-five  50c.  (fifty 

cents.)  cents.) 

The  Beginner's  Ameri- 
can  History    (Mont- 
gomery)    43c.     (forty-three    35o.  (thirty- 
cents.)          five  cents.) 

State  History — History 
and  Government  of 
West  Virginia 
(Lewis) 80c.  (eighty  cents. ) 

GEOGRAPHY. 

Contract  Price.  Contract  Ex- 

change Price. 

Mitchell's  New  Primary 

Geography thirty-five  cents 

per  copy. 

Mitchell's  New  Inter- 
mediate Geography,  eighty  cents  per 

copy. 
Knote's  Geography  of 

West  Virginia thirty  cents  per 

copy. 

Maury's  Physical  Ge- 
ography    75c.  (seventy-five  25c.  (twenty 

cents.)  five  cents.) 

Butler's  New  Physical 

Geography 75c.  (seventy-five    25c.  (twenty 

cents.)  five  cents.) 

SINGLE   EKTRY   BOOK-KEEPING. 

Contract  Price.  Contract  Ex 

change  Price. 

Meservey's  Book-keep- 
ing    35c.  (thirty-five  20c.  (twenty 

cents.)  cents.) 

Meservey's  Book-keep- 
ing Blanks  (optional), 

per  set 35c.  (thirty-five 

cents.) 

CIVIL   GOVERNMENT. 

The  American   Citizen 

(Dole) 65c.  (sixty-five  43c.  forty- 

cents.)  three  cents.) 

Provided,  That  "Dole's  American  Citizen"  shall  not 


SCHOOL  LAW  OF  WEST  VIRGINIA. 

be  contracted  for  under  the  provisions  of  this  act,  either 
as  a  work  on  civil  government  or  as  a  reader,  until  the 
sa  tie  hns  been  changed  so  as  to  conform  with  the  Senate 
resolution  offered  by  Mr.  Finley  and  adopted  bv  the 
Senate  on  February  14,  1895. 

MAPS. 

Rand,  McNally  &  Company's  wall  maps  and  school 
globes,  40  per  cent,  off  retail  price. 

MISCELLANEOUS. 

Contract  Price. 

Dictation  Blanks,  (O'Neill),  Nos. 

1,  2,  and  3  each 4c.  (four  cents). 

Globe  Practical  Spelling  Tablet 

36  pages 3c.  (three  cents). 

Optional  Studies  in  Schools  of  all  Grades. 

OBJECT   DRAWING. 

Contract  Price. 

Jacob's  and  Brower's  Elementary, 

Nos.  1,  V,  3,  4,  per  copy 8c.  (eight  cents). 

Advanced,  Nos.  5,  6,  7,  per  copy.  lie.  (eleven  cents). 
Teachers'  Manual 30c.  (thirty  cents). 

MUSIC. 

Contract  Price. 

Cecilian    Series    of    Study  and 

Song,  No.    1 25c.  (twenty-five cents.) 

Cecilian    Series    of    Study  and 

Song,  No.   2 35c.  (thirty-five  cents.) 

Cecilian    Series    of    Study  and 

Song,  No.   3 50c.  (fifty  cents.) 

Cecilian    Series    of    Study  and 

Song,  No.   4 50c.  (fifty  cents.) 

SUPPLEMENTARY   READING. 

Contract  Price. 

Nature  Readers,  Book      I. 

(Wright) 18c  (eighteen  cents.) 

Nature  Readers,  Book    II. 

(Wright) .          25c  (twenty-five  cents.) 

Nature  Readers,  Book  III. 

(Wright) 38c  (thirty-eight  cents.) 

Nature  Readers,  Book  IV. 

(Wright) ,.-...          45c  (forty-five  cents.) 


61 


62 


SCHOOL  LAW  OF  WEST  VIRGINIA 


Works  of  Reference. 


State  Superln 
teudent  to 
contract  for 
books. 


Contract  for 
five  years. 


Other  con- 
ditions of 
contract. 


Changes  In 
books. 


DICTIONARIES. 

(1)  Webster's  Common  School.  ...$0.50  (fifty  cents.) 

(2)  Webster's  Academic ...  .    1.00  (one  dollar.) 

(1)  Worcester's  New  School. 55  (fifty-five cents.) 

(2)  Worcester's  Academic 1. 00  (one  dollar. ) 

Peter's  Tellurian  with  Instruction 

Book 5.00  (five  dollars.) 

Provided,  That  no  pupil  or  school  shall  be  required 
by  any  board  of  education,  teacher  or  trustee  to  use  the 
supplementary  reading1  books,  dictation  blanks,  Cecilian 
Series  of  Study  and  Song,  Peter's  Tellurian  with  In- 
struction Book,  Globe  Practical  Spelling  Tablet, 
Band,  McNally  &  Co.  's  wall  maps,  or  object  drawing, 
unless  the  parent  or  guardian  of  said  pupil  elect  to  do 
so,  and  no  depositary  shall  be  required  to  keep  the  same 
on  hand  for  sale. 

II.  The  State  Superintendent  of  schools  shall,  on  or 
before  the  first  day  of  September,  one  thousand  eight 
hundred  and  ninety-five,  contract  with  the  several  pub- 
lishers for  the  text  books  named  in  the  preceding  section, 
or  that  may  be  adopted  under  the  provisions  of  this  act, 
for  supplying  such  books  for  use  in  the  free  schools  of 
the  State. 

III.  The  text -books  selected  and  prescribed  under  the 
provisions  of    this  act    shall    be  sold    by    said    pub- 
lishers    to      any    board     of    education,      depositary, 
teacher,     pupil,  parent    or    guardian    or    other    per- 
son of  this  State  at  a  price  not  exceeding  the  net  con- 
tract price  named  in  connection  with  and  opposite  each 
of  said  books  in  section  one  of  this  act.     Such  contract 
shall  be  made  for  a  period  of  five  years,  beginning  with 
the  first  day  of  July,  eighteen  hundred  and  ninety-six, 
and  shall  also  provide  that  said  publishers  will  supply 
such  books  in  sufficient  quantities  and  in  quality  or  pa- 
per, typography  and  binding  equal  to  the  sample  copies 
exhibited  to  the  committees  on  education  of  the  session 
of  the  Legislature  of  this  State  of  one  thousand  eight 
hundred  and  ninety-five,  and  shall  provide  that  said 
publishers  shall  deposit  with  said  State  Superintendent 
similar  copies  of  said  books,  to  be  properly  marked  and 
safely  kept  by  him. 

No  revision  of  such  books  shall  be  introduced  into  the 
free  schools  of  this  State  during  the  life  of  the  contract, 
except  that  the  publishers  of  said  geographies  may 
make  such  changes  therein,  but  not  so  as  to  alter  the  ar- 
rangement thereof,  as  may  be  necessary  to  cause  such 


SCHOOL  LAW  OF  WEST  VIRGINIA.  63 

books  to  conform  to  «the  facts  of  later  explorations,  the 
changes  in  the  form  of  government  and  political  divis- 
ions, and  the  discoveries  of  science. 

Said  contract  shall  also  provide  that  said  publishers  ^^ 
shall  print  for  the  information  of  county  superintend-  pride*?  e 
ents,  boards  of  education  and  for  general  circulation,  a 
full  schedule  of  the  contract  prices  and  exchange  prices 
agreed  upon,  and  to  furnish  to  each  county  superintend- 
ent so  many  copies  of  such  schedule  as  may  not  be  less 
than  the  aggregate  number  of  school  houses  and  places 
in  the  county  where  Buch  books  are  sold.  Such  con- 
tracts with  trie  publishers  of  books  not  now  used  in  the 
schools  of  this  Stato,  shall  provide  for  furnishing  such 
books  at  the  exchange  prices  named  opposite  said  books 
in  section  one  (1)  of  this  act;  and  that  said  publishers 
shall  make  no  charge  to  the  boards  of  education  or  de- 
positaries or  other  persons  for  the  boxing  or  cartage  of 
such  books,  but  shall  deliver  the  same  free  on  board  cars 
at  the  place  of  publication;  and  that  the  said  publishers 
shall  at  the  end  of  the  life  of  any  contract  that  may  be 
nmdo  under  the  provision  of  this  act,  take  back  all  copies 
of  their  books  that  may  be  in  the  hands  of  said  depositaries 
and  in  good  condition,  and  refund  the  amount  paid  there- 
for; also  that  if  any  of  said  publishers  shall  hereafter  fur- 
nish any  of  said  books  to  any  state,  county,  district  or 
township,  city  or  town,  at  less  than  the  foregoing 
prices,  then  such  decreased  prices  shall  also  be  estab- 
lished as  a  part  of  any  contract  made  under  the  provis- 
ions of  this  act. 

IV.  The   several   publishers  of  the  said  described  Publishers' 
school  book«  shall  each,  on  or  before  the  first  day  ofb( 
September,  one  thousand  eight  hundred  and  ninety-five, 
execute  and  file  with  the  State  Superintendent  of  Schools, 

a  bond  to  be  approved  by  the  Governor,  in  the  penalty  of 
ten  thousand  dollars,  payable  to  the  State  of  West  Vir- 
ginia, conditioned  according  to  law  for  the  faithful  per- 
formance of  the  contract  and  agreement  made  in  pursu- 
ance with  this  act  And  upon  a  breach  of  any  of  the 
conditions  of  such  bond,  the  State  Superintendent  shall, 
in  the  name  of  the  State,  institute  suit  thereon  to  recover 
for  the  same.  All  moneys  so  recovered,  after  the  pay- 
ment of  the  costs  of  such  proceedings,  shall  be  paid  into 
the  general  school  fund  and  be  distributed  with  it  as 
provided  by  law. 

V.  If  any  publishers  of  any  of   said  text  books,  or  Failure  or 
series  of  such  books,  as  are  published  in  a  series,  shall 

fail  or  refuse  on  or  before  the  first  day  of  September, 

to 


OP6    thonsywl    oijrb.t   Vmn.hw5    8»vJ     rmwty-ve,  to    ag 

i»d  contract  «1  file  bowl  as  bw«iabw 

S 


SCHOOL  LAW  OF  WEST  VIRGINIA. 


School  Book 
Board . 


tiouol  Book 
Board. 


Depositaries. 


Depositaries 
to  make  lists 
of  books. 


three  persons,  citizens  of  this  State,  not  more  than  two 
of  whom  shall  be  of  the  same  political  party,  to 
be  known  as  the  State  School  Book  Board,  to  solicit 
proposals  from  any  publisher  for  the  furnishing  of  such 
books  not  contracted  for  as  may  be  required  to  complete 
the  list  of  text-books  for  use  in  the  free  schools  of  the 
State;  and  from  the  books  so  offered,  they  shall  select 
such  as  in  their  judgment  are  best  adapted  to  be  used  in 
said  schools,  and  to  contract  before  the  first  day  of  July, 
one  thousand  eight  hundred  and  ninety-six,  for  the  fur- 
nishing of  the  same  in  conformity  with  the  provisions 
of  this  act. 

Provided,  That  said  School  Book  Board  shall  not  con- 
tract for  any  text-book  at  a  price  exceeding  the  price 
named  in  section  one  of  this  act  for  books  on  the  same 
subject,  but  may,  in  their  discretion,  require  publishers 
to  exchange  books  so  contracted  for  on  a  free  or  even 
exchange  for  those  now  in  use. 

The  said  State  School  Book  Board  shall  each  receive 
four  dollars  per  day  each  day,  not  to  exceed  twenty-five 
days,  they  are  necessarily  employed  in  carrying  out  the 
provisions  of  this  act,  and  actual  necessary  traveling 
ing  expenses,  to  be  paid  by  the  Auditor  out  of  the  gen- 
eral fund,  on  the  certificate  and  order  of  said  State 
School  Book  Board.  Any  vacancy  in  said  board  shall 
be  filled  by  the  Governor. 

VI.  At  the  first  meeting  after  the  30th  day  of  June, 
1896,  the  board  of  education  of  every  district  in  this 
state,  shall  appoint  one  or  more  depositaries  in  each  dis- 
trict, and  when  practicable  one  or  more  depositaries  at 
or  near  each  postoffice,  whereat  shall  be  kept  at  all  times 
a  sufficient  supply  of  text-books  to  supply  the  free 
schools  of  the  neighborhood.     Each   depositary   shall 
execute  a  bond  in  the  penalty  of  double  the  value  of  the 
books   which  he  will  probably  have  on  hand  at  any 
time,  but  in  no  event  of  a  less  penalty  than  two  hundred 
dollars;  which  bond  shall  be  approved  by  the  board  of 
education  and  filed  with  the  secretary  thereof. 

VII.  Each  depositary  shall,  on  or  before  the  first  day 
of  September  following,  unless  the  board  of  education 
shall  name  an  earlier  date,   make  out  a  list  of  the  text- 
books, in  sufficient  quantity  in  his  judgment,  to  supply 
the  schools  of  his  neighborhood  for  a  period  of  six 
months,  and  from  time  to  time  thereafter  each  deposi- 
tary shall  make  out  additional  lists  of  such  books  so  that 
he  may  at  all  times  have  a  sufficient  supply  on   hand; 
such  lists,  when  approved  by  the  board  of  education,  or 
the  president  thereof,  shall  be  signed  by  him  and  the 
secretary  thereof,  and  by  the  secretary  forwarded  to 
the  address  of  the  publishers  of  the  books  therein  named, 


SCHOOL  LAW  OF  WEST  VIRGINIA.  0 

VIII.  It  shall  be  the  duty  of  said  publishers  promptly 
to  forward  the  books  therein  named  to  such  depositary  JSXJ**  of 
and  to  make  out  two  invoices  or  bills  therefor,  one  of 
which  shall  be  forwarded  to  the  depositary  and  the  other 
to  the  secretary  of  the  board  of  education.  The  board 
of  education  shall  supply  the  secretary  with  a  proper 
book  in  which  to  keep  the  accounts  of  all  the  deposi- 
taries in  the  district.  On  the  receipt  of  each  invoice 
the  secretary  shall  charge  the  amount  thereof  against 
the  depositary  receiving  the  books  therein  named  in  said 
account  book,  and  file  or  preserve  the  invoice  or  bill. 
If  there  be  any  error  in  such  invoice  or  bill,  the  deposi- 
tary receiving  the  same,  shall  promptly  notify  the  pub- 
lisher making  the  same,  and  if  such  publisher  fail  to 
correct  such  error  within  ten  days  thereafter,  such 
depositary  shall  notify  the  secretary  of  the  board  of 
education  thereof,  and  the  board  of  education  shall 
investigate  the  same  and  take  such  action  therein  as 
may  be  proper  and  iust. 

Each  depositary  shall  pay  to  the  sheriff  of  the  county,  Depositaries' 
at  the  end  of  each  sixty  days,  or  oftener  if  required, commission- 
and  whenever  required  by  the  board  of  education,  the 
amount  of  money  received  by  him  from  the  8ale  of  such 
text-books,  since  his  last  previous  payment,  less  his  com- 
mission, not  exceeding  twelve  per  cent,  on  the  account 
of  such  sales. 

The  sheriff  shall  give  duplicate  receipts  therefor  tosher|ff>3 
such  depositary,  wherein  shall  be  stated  the  total  receipts,  &c. 
amount  of  such  sales  and  the  amount  paid  by  swch  depos- 
itary to  the  sheriff,  one  of  which  receipts  shall  be  tiled 
by  such  depositary  with  the  secretary  of  the  board 
of  education;  and  upon  receiving  the  same,  said 
secretary  shall  credit  the  account  of  said  depositary 
with  the  amount  appearing  thereby  to  have  been  so  paid 
by  him,  and  the  amount  of  said  commission,  by  separate 
items;  and  said  secretary  shall  charge  against  the 
account  of  the  sheriff,  which  he  is  hereby  required  to 
keep,  the  amount  paid  by  such  depositary  to  such 
sheriff,  to  be  accounted  for  by  the  sheriff  in  his  annual 
settlement  with  the  board  of  education. 

The  amounts  received  from  the  sales  of  such  books,  Money  from 
shall  be  credited  to   the  building  fund  of  the  district,  books! 
Each  depositary  shall  be  allowed  a  commission  not  to 
exceed  twelve  per  cent,  on  the  amount  of  all  sales  made 
by  him,  out  of  which  commission  he  shall  be  required 
to  pay  all  charges  for  transportation. 

IX.  The  board  of  education  of  each  district  shall  be  Board  of 
liable  in  its  corporate  capacity  for  the  whole  amount 
all  such  text-books  furnished  to  the  depositaries  in  the 
manner  hereinbefore  prescribed,  and  shall  within  sixty 


66 


SCHOOL  LAW  OF  WEST  VIRGINIA. 


Lary  for 
booka. 


State  Super- 
intendent to 
prepare 
ulauk  forms. 


Name*  and 


presidents 
and  secre- 
taries. 


Board  may 
remove  De- 
positary. 


days  from  the  date  of  any  invoice  or  bill  of  text-books 
supplied  by  the  publishers  thereof  to  any  depositary  in 
the  district,  in  the  manner  prescribed  in  the  preceding 
section,  cause  an  order  to  be  issued  in  fayor  of  such 
publishers,  payable  out  of  the  building  fund  of  the  dis- 
trict, and  cause  such  order  to  be  forwarded  by  mail  to 
such  publishers.  On  presentation  of  such  order  to  him 
the  sheriff  shall  pay  the  amount  thereof  to  the  party 
entiUed  to  receive  the  same,  if  there  be  in  his  hands 
sufficient  funds  due  the  building  fund  of  said  district; 
but  if  the  sheriff  have  not  sufficient  of  such  funds  to  pay 
the  same,  he  shall  endorse  on  the  back  thereof  the 
words  "Presented  for  payment,"  with  the  date  of  such 
presentation,  and  said  order  shall  draw  interest  from 
that  date.  If  the  sheriff  shall  fail  or  refuse  to  pay  such 
order  when  he  has  funds  in  his  hands,  or  should  'by  law 
have  the  same,  with  which  to  do  so,  he  shall  be  liable 
as  provided  in  section  forty-six  of  chapter  forty-five  of 
the  code. 

X.  The  board  of  education  shall  pay  the  cost  of  such 
text-books  out  of  the  building  fund  of  the  district,  and 
shall  lay  an  annual  levy  for  the  same  on  the  taxable 
property  of  the  district,  in  the  manner  and  at  the  time 
that  other  levies  are  laid  for  said  fund. 

XI.  It  shall  be  the  duty  of  the  State  Superintendent 
of  Schools  to  prepare  and  have  printed  a  form  of  bone1 
to  be  executed  by  the  depositaries,  blank  order  lists  for 
books,   which  shall  contain  the  names  and  titles  and 
prices  of  all  books  contracted  for  under  the  provisions 
of  this  act,  and  the  names  and  addresses  of  the  publish- 
ers thereof,  and  also  such  other  blanks,  and  also  instruc- 
tions as  in  his  judgment  may  be  deemed  necessary  to 
cause  the  provisions  of  this  act  to  be  carried  out  in   a 
proper    manner.      He    shall  furnish    to  each  County 
Superintendent  a  sufficient  supply  thereof  for  his  county. 

XII.  It  shall  be  the  duty  of  the  County  Superintend- 
ent of  every  county,  on  or  before  the  first  day  of  July, 
eighteen  hundred  and  ninety-six,  to  furnish  to  every 
publisher  of  text-books  contracted  with  under  the  pro- 
visions of  this  act,  the  names  and  post-office  addresses 
of  all  the  presidents  and  secretaries  of  boards  of  educa- 
tion in  his  county;  and  he  shall  notify  such  publishers 
of  any  changes  in  such  names  and  addresses  as  soon  as 
they  shall  come  to  his  knowledge. 

XIII.  The  board  of  education  may  remove  any  depos- 
itary in  its  district  at  any  time,  and  appoint  another  in 
his  stead;  may  require  him  to  execute  a  new  bond,  or 
additional  bond,  whenever  in  their  opinion  they  shall 
deem  it  necessary,  and  may  cause  to  be  made  at  any 
time  an  invoice  of  said  text-books  in  the  possession  of 


SCHOOL  LAW  OF  WEST  VIBGINIA,  67 

any  such  depositary.  It  shall  be  the  duty  of  every  de- 
positary, whenever  the  board  of  education  shall  so  order, 
to  turn  over  to  his  successor,  or  such  other  person  as 
the  said  board  may  name,  all  such  text-boots  in  his 
possession. 

XIV.  Depositaries  shall  receive  from  any  resident  of  Books  m 
this  State  copies  of  the  books  that  are  or  may  be  super-  exchan»e- 
seeled  by  the  provisions  of  this  act,  at  the  contract  ex- 
change prices,  named  in  section  one  (1)  of  this  act  or  as 
provided  for  under  the  provisions  of  section  five  (5)  of 

this  act,  to  be  applied  on  payment  of  the  prescribed 
books.  Each  depositary  shall  turn  over  all  such  old 
books  to  the  board  of  education  at  such  times  as  said 
board  may  direct,  and  shall  be  credited  on  his  account 
with  the  value  thereof.  Said  old  books  shall  be  held 
by  the  board  of  education  subject  to  the  orders  of  the 
publishers,  for  a  period  of  not  longer  than  three 
months. 

XV.  If  any  teacher  in  a  primary  or  graded  school  of  Teacher 
the  free  school  system  of  the  State  use  or  cause  to  be  lla^«- 
used  in  such  primary  or  graded  school,  any  text-books 

not  herein  authorized,  then  in  any  such  case  or  instance, 
any  publisher  of  a  text-book  which  should  have  been 
used  in  the  place  of  such  unauthorized  text- books  may 
apply  to  the  State  Superintendent  of  Free  Schools  for 
an  order  signed  by  him,  to  be  directed  to  such  teacher 
requiring  the  use  of  such  unauthorized  class-book  to  be 
discontinued;  which  order  it  shall  be  the  duty  of  the 
State  Superintendent  of  Free  Schools  to  give  to  such 
publisher  upon  his  affidavit  or  that  of  his  agent  setting 
forth  the  name  of  the  teacher,  the  location  and  character 
of  the  school,  the  title  or  the  name  of  the  unauthorized 
text-book,  and  stating  that  such  teacher  is  using  such 
unauthorized  text-book  in  such  school. 

XVI.  If  the  State  Superintendent  of  Free  Schools  state  superm- 
shall  refuse  to  give  to  any  publisher  entitled  thereto,  fSbiS?* 
such  an  order  within  fifteen  days  after  application  made 
therefor,  such  publisher  shall,  if  the  facts  stated  in  the 
affidavit  are  true,  be  entitled  to  a  mandamus  from  the 
Supreme  Court  of  Appeals  to  compel  the  State  Super- 
intendent of  Free  Schools  to  give  such  order.     In  any 
proceedings  in  mandamus  brought  hereunder,  it  shall 

be  the  duty  of  the  Attorney-General  to  act  as  counsel 
for  the  State  Superintendent  of  Free  Schools,  but  such 
proceedings  shall  be  at  the  cost  of  such  publisher,  and 
in  no  case  shall  costs  be  recovered  against  the  State 
Superintendent  or  against  any  teacher. 

XVII.  If  any  teacher  shall  disobey  any  order  issued  Forfeit. 
by  the  State  Superintendent  of  Free  Schools  under  the 
provisions  of  section  four  of  this  act,  such  teacher  shall 


68  SCHOOL  LAW  OF  WEST  VIRGINIA. 

forfeit  ten  dollars,  and  it  shall  be  the  duty  of  the  board 
of  education  of  the  district  where  the  teacher  is  em- 
ployed to  retain  that  amount  out  of  the  salary  of  such 
teacher,  which  amount  so  forfeited  shall  be  paid  into  the 
teachers'  fund  of  such  district. 

Hyde's  lan-         XVIII.  Hyde's  Lesson  Books  I.  and  II,  and  Hyde's 

!ramernba°rsk3>  Advanced  Lessons  in  English,  are  hereby  declared  to 
be  English  grammars  within  the  meaning  of  all  the  pro- 
visions of  chapter  forty-five  of  the  Code  of  West  Vir- 
ginia. 

Misdemeanor.  XIX.  Any  publisher,  school  officer,  teacher  or  other 
person  violating  any  of  the  provisions  of  this  act,  shall 
be  deemed  guilty  of  a  misdemeanor  and  on  conviction 
thereof,  shall  be  fined  for  each  offense  not  less  than  ten 
dollars  or  more  than  fifty  dollars. 

Acts*  repealed.  XX.  Sections  58  and  5Sa  of  chapter  45  of  the  code 
of  West  Virginia,  and  all  other  acts  or  parts  of  acts 
inconsistent  with  the  provisions  of  this  act  are  hereby 
repealed. 

58a.   [Passed  February  19,  1897.] 

school  Book  I-  There  is  hereby  established  in  every  county  of  this 
State  a  school  book  board,  to  be  composed  of  the  county 
superintendent  of  the  county,  who  shall  be  a  member 
and  the  secretary  of  the  board  and  eight  other  reputable 
citizens  and  taxpayers  of  the  county.  At  least  four  of 
the  eight  shall  be  freeholders  and  not  school  teachers, 
and  at  least  three  shall  be  persons  actively  engaged  as 
teachers  in  the  schools  of  the  county,  and  shall  hold  a 
teacher's  number  one  certificate  or  its  equivalent.  Not 
more  than  five  of  said  eight  shall  belong  to  the  same 
political  party.  The  said  eight  persons  shall  be  ap- 
pointed  by  the  county  court.  The  term  of  office  of  each 

o?offlce'. tG  m of  said  members  shall  be  four  years  and  until  their  suc- 
cessors are  appointed,  beginning  on  the  first  day  of  July 
next  after  their  appointment.  Said  appointment  shall 

when  be  made  on  or  before  the  fifteenth  day  of  June,  one 

appointed,  thousand  eight  hundred  and  ninety- seven,  and  in  every 
fourth  year  thereafter  on  or  before  the  fifteenth  day  of 
July,  and  the  term  of  office  of  those  appointed  after  the 
first  appointments  (except  appointments  to  fill  vacancies) 
shall  begin  on  thefirst  day  of  August  next  after  their  ap- 
pointment, and  continue  four  years  and  until  their  suc- 
cessors are  appointed.  They  shall  receive  as  compensa- 

compensa-  tion  for  their  services  the  sum  of  two  dollars  per  day  for 
each  day  they  shall  be  in  session  as  a  board,  and  shall  not 
receive  pay  for  more  than  two  days  in  any  one  year,  which 
compensation  shall  be  paid  out  of  the  county  treasury. 

Vacancies.  Vacancies  in  said  board  shall  be  filled  for  the  unexpired 
term  in  the  same  manner  as  the  original  appointment 
was  made.  Five  members  shall  constitute  a  quorum. 


SCHOOL  LAW  OF  WEST  VIRGINIA.  69 

but  a  smaller  number  may  adjourn  from  day  to  day 
until  a  quorum  appears.  Every  person  so  appointed 
shall,  before  entering  upon  his  duties,  take  an  oath  that 
he  will  support  the  Constitution  of  the  United  States  and 
the  Constitution  of  West  Virginia,  and  that  he  will 
faithfully  discharge  the  duties  of  his  office.  A  certifi- 
cate of  every  such  oath  shall  be  filed  with  and  preserved 
by  the  clerk  of  the  county  court. 

IT.  The  secretary  shall  keep  a  record,  in  a  book  pro-  secretary, 
vided  for  the  purpose,  of  the  transactions  of  every  meet- 
of  the  board,  and  shall  record  the  names  of  the  members 
voting  for  and  against  every  proposition  to  adopt  any 
text-book;  which  record  shall  be  open  to  the  inspection 
of  any  citizen  of  the  county. 

III.  Immediately  after  the  appointment  of  said  board, 
in  the  year  one  thousand  eight  hundred  and  ninety-seven, 
it  shall  be  the  duty  of  the  county  superintendent  to  com- 
municate with  the  publishers  of  text  books,  inviting  the 
submission  by  such  publishers  of  samples  and  prices  of 
their  books.     When  such  samples  and  prices  have  been 
obtained,  it  shall  be  the  duty  of  said  board  to  meet  at 

the  county  seat  on  or  before  the  first  Monday  of  August,  Firgt  meetln 
one  thousand  eight  hundred  and  ninety-seven,  on  the 
call  of  the  county  superintendent,  and  organize  by 
choosing  one  of  their  number  president.  Said  board 
shall  then  proceed  to  select  and  adopt  one  text  book,  or 
a  series  of  text-books,  on  each  subject  required  to  be 
taught  in  the  free  schools  of  the  State,  and  not  provided 
for  by  contract  under  chapter  thirty-seven  of  the  Acts 
of  one  thousand  eight  hundred  and  ninety-five,  for  a 
term  of  five  years,  due  reference  being  had  to  the  char- 
acter of  the  books  and  the  terms  offered.  It  shall 
require  the  affirmative  votes  of  five  members  of  the 
board  to  adopt  such  book,  or  series  of  books,  at  said 
first  meeting. 

IV.  In  making  selection  of  text-books,  at  any  time,  it  Bfttall  pri06i 
shall  be  the  duty  of  said  board  to  procure  the  best  poss-  &o. 

ible  terms  for  exchange  and  introduction  and  for  the 
regular  supply  of  the  books  for  a  term  of  five  years,  and 
they  are  hereby  empowered  to  fix  the  retail  price  at 
which  such  adopted  books  shall  be  sold  after  the  exchange 
and  introduction  have  been  effected,  but  such  permanent 
retail  price  shall  not  exceed  twenty-five  per  cent,  advance 
on  the  net  contract  price. 

V.  Said  board  shall,  upon  making  an  adoption  ot  any  georetary  to 
text-books,  decide  upon  the  date  when  such  adoption  report, 
shall  go  into  effect.     The  secretary  shall  send  to  the 

State  Superintendent  of  Free  Schools,  and  to  all  the 
boards  of  education  in  the  county,  notice  of  the  names 
of  the  books  adopted,  the  prices  fixed  therefor,  and  tne 


70 


SCHOOL  LAW  OF  WEST  VIRGINIA. 


Meeting  be- 
fore expira- 
tion of 
contract. 


County  Super 
intendent  to 
call  meeting. 


date  fixed  for  their  introduction  and  use  in  the  schools 
of  the  county. 

VI.  At  least  six  months  before  the  expiration  of  the 
contract  made  under  provisions  of  chapter  thirty-seven 
of  the  Acts  of  one  thousand  eight  hundred  and  ninety- 
five,  it  shall  be  the  duty  of  the  State  Superintendent  to 
notify  the  county  superintendent  of  every  county  of  the 
date  of  the  expiration  of  such  contracts  and  the  name 
of  the  text-books  thereby  affected:  and  it  shall  be  the 
duty  of  said  board  to  meet  upon  the  call  of  the  county 
superintendent,  at  least  three  months  before  the  expira- 
tion of  any  such  contract,  and  adopt  one  text-book,  or 
a  series  of  text-books,  on  each  subject  contracted  for 
under  said  chapter  thirty-seven  of  the  Acts  of  one 
thousand  eight  hundred  and  ninety-five,  for  a  term  of 
five  years.  On  the  call  of  the  county  superintendent, 
the  board  shall  meet  in  regular  session  at  least  three 
months  before  the  expiration  of  any  contract  made  un- 
der the  provisions  of  this  act,  and  select  the  necessary 
books  to  be  used  for  the  succeeding  term  of  five  years. 
If  any  publisher  shall  fail  or  refuse  to  furnish  any  book 
contracted  for  under  the  provisions  of  this  act,  it  shall 
be  the  duty  of  the  said  board,  on  the  call  of  the  county 
superintendent,  to  meet  and  select  books  to  be  used  in- 
stead of  those  which  said  publishers  have  failed  or  re- 
fused to  furnish.  But  no  books  shall  thereafter  be 
adopted  of  a  publisher  who  shall  have  failed  or  re- 
fused to  fulfil  his  contract  with  any  board  in  the  State, 
and  the  name  of  any  such  publisher  shall  be  furnished 
by  the  secretary  of  said  board  to  the  State  Superintend- 
ent of  Free  Schools,  and  the  State  Superintendent  shall 
communicate  the  same  to  every  county  superintendent. 


Refusal  of 
publishers  to 
caray  out; 
contract. 


Present  con-  *  -^o  text-book  or  series  of  text-oooks,  on  any  one 

tract  to  subject  now  contracted  for  under  said  chapter  thirty- 
force!11  *  seven  of  the  Acts  of  one  thousand  eight  hundred  and 
ninety-five,  or  that  shall  be  contracted  for  under  the 
provisions  of  this  act,  shall  be  changed  for  another  or 
different  book  or  series  of  books  except  by  the  affirma- 
tive votes  of  five  members  of  the  board:  Provided, 
That  no  change  in  the  text-books  contracted  for  under 
the  provisions  of  said  chapter  thirty-seven  of  the  acts 
©f  one  thousand  eight  hundred  and  ninety-five  shall  be 
made  until  the  expiration  of  such  contracts,  unless  for 
failure  of  the  contractor.  And  not  more  than  one  book 
oTneboorkthan°r  one  series  °f  books  on  one  subject,  shall  be  changed 
changed,  in  any  one  year,  except  by  the  affirmative  votes  of  six 
members,  and  except  as  provided  in  section  three:  Pro- 
vided^ That  in  case  of  failure  of  a  publisher  to  comply 
with  his  contract,  the  board  may,  by  the  affirmative  vote 


SCHOOL  LAW  OF  WEST  VIRGINIA.  71 

of  five  members,  adopt  other  books  in  place  of  those 
contracted  for. 

VIII.  After  the  adoption  of  any  text-books  the  board  who  may  sen 
shall  contract  with  the  publishers  proposing  the  same, books- 

to  supply  said  books  in  sufficient  quantities,  for  a  term 
of  five  years,  beginning  on  a  date  to  be  stated  in  the 
contract,  to  every  board  of  education,  depositary,  agent 
of  said  school  book  board  or  of  said  board  of  education, 
or  to  any  dealer  or  other  person  of  the  county,  at  the 
prices  named  in  this  contract,  and  free  on  board  the  cars 
at  the  place  of  publication  or  other  place  (which  place 
shall  be  named  in  such  contract) ;  and  that  said  books 
shall  be  equal  in  binding,  typography,  and  in  all  other 
respects  to  the  samples  furnished;  and  that  no  changes 
shall  be  made  in  said  book  during  the  life  of  the  con- 
tract. In  such  contract  shall  be  stated  the  accurate  title 
of  every  book  therein  contracted  for,  the  name  of  the 
author  and  of  the  publisher  thereof,  and  the  agreed  Form  of  con 
price  or  prices  thereof.  Forms  of  such  contract  shall  tract, 
be  prepared  by  the  State  Superintendent  of  Free 
Schools,  and  furnished  to  each  county  superintendent. 
Every  dealer  or  publisher  entering  into  such  a  contract, 
shall  furnish  to  the  county  superintendent  a  sample  copy 
of  each  book  contracted  for,  and  the  county  superintend- 
ent shall  attach  to  each  of  said  books  a  label  bearing 

thereon:     " 'Sample  copy  contracted  for  with 

on  the day  of , ,  189 . . 

,  County  Superintendent." 

IX.  Every  publisher  entering  into  contract  with  any  Bond  of 
board  under  the  provisions  of   this  act,  shall,  within  publisher, 
thirty  days  thereafter,  give  a  bond,  in  the  penalty  of 

ten  thousand  dollars,  to  be  approved  by  the  Governor 
and  deposited  ,with  the  State  Superintendent  of  Free 
Schools,  conditioned  for  the  faithful  performance  of 
every  such  contract  made  by  such  publisher  theretofore 
or  thereafter  with  any  such  board. 

X.  No  member  of  said  board  shall  serve,  directly  or  in-  NO  school 
directly,  as  the  agent  for  any  publisher  in  school  books  ^ecnecr.HC 
competing  for  adoption  under  the  provisions  of  this  act, 

or  be  personally  interested  in  any  school  book,  and  no 
teacher  nor  school  officer  shall  act  as  agent  for  any 
school  book. 

XI.  At  the  first  meeting  after  the  thirtieth  day  of  Depositaries. 
June,  one  thousand  eight  hundred  and  ninety-seven,  the 

board  of  education  of^any  district  in  this  State  may  (at 
their  option)  appoint  one  or  more  depositaries  in  each 
district,  and  when  practicable  one  or  more  depositaries 
at  or  near  each  postoffice,  who  shall  keep  at  all  times  a 
sufficient  supply  of  text-books  to  supply  the  free  schools 
of  the  neighborhood.  Each  depositary  shall  execute  a 


72 


SCHOOL  LAW  or  WEST  VIR&INIA. 


Bond  of 
Depositary. 


Depositary 
to  keep  books 


Invoices  of 
books. 


Payment  to 
the  sheriff. 


Depositary's 
commission. 


bond  in  the  penalty  of  double  the  value  of  the  books 
which  he  will  probably  have  on  hand  at  any  time,  but 
in  no  event  of  a  less  penalty  than  one  hundred  dollars; 
which  bond  shall  be  approved  by  the  board  of  educa- 
tion and  filed  with  the  secretary  thereof.  The  board  of 
education  may  discharge  any  depositary  at  any  time, 
and  require  him  to  deliver  the  books  in  his  possession 
to  such  person  as  the  board  may  name,  and  require  the 
depositary  to  settle  his  accounts  and  pay  over  to  the 
sheriff  any  balance  in  his  hands  on  or  before  a  date 
named  by  the  board. 

XII.  Each  depositary  shall,  on  or  before  the  first  day 
.  of  September  in  each  year,  unless  the  board  of  educa- 
tion shall  name  an  earlier  date,  make  out  a  list  of  the 
text- books,    in    sufficient    quantity    in    his    judgment 
to    supply    the    schools     in    his  neighborhood    for    a 
period  of  six  months,  and  from  time  to  time  thereafter 
each  depositary  shall  make  out  additional  lists  of  such 
books,  so  that  he  may  at  all  times  have  a  sufficient  sup- 
ply on  hand;  such  lists,  when  approved  by  the  board  of 
education,  or  the  president  thereof,  shall  be  signed  by 
him  and  the  secretary  thereof,  and  by  the  secretary  for- 
warded to  the  address  of  the  publishers  of  the  books 
therein  named. 

XIII.  It  shall  be  the  duty  of  said  publishers  promptly 
to  forward  the  books  therein  named  to  such  depositary, 
and  to  make  out  two  invoices  or  bills  therefor,  one  of 
which  shall  be  forwarded  to  the  depositary  and  the  other 
to  the  secretary  of  the  board  of  education.     The  board 
of  education  shall  supply  the  secretary  with  a  proper 
book  in  which  to  keep  the  accounts  of  all  the  deposi- 
taries in  the  district.     On  the  receipt  of  each  invoice  the 
secretary  shall  charge  the  amount  thereof  against  the 
depositary  receiving  the  books  therein  named,  in  said 
account  book,  and  file  or  preserve  the  invoice  or  bill. 
If  there  be  any  error  in  such  invoice  or  bills,  the  depos- 
itary receiving  the  same  shall  promptly  notify  the  pub- 
lisher making  the  same;  and  if  such  publisher  fail  to 
correct  such  error  within  twenty  days  thereafter,  such 
depositary  shall  notify   the  secretary  of  the  board  of 
education  thereoi,  and  the    board  of    education  shall 
investigate  the  same  and  take  such  action  therein  as  may 
be  proper  and  just.     Each  depositary  shall  pay  to  the 
sheriff  of  the  county,  at  the  end  of  each  thirty  days,  or 
of tener  if  required,  and  whenever  required  by  the  board 
of  education,  the  amount  received  by  him  from  the  sale 
of  such  text-books  since  his  last  previous  payment,  less 
his  commission  (to  be  fixed  by  the  board  of  education 
and  not  to  exceed  fifteen  per  cent,  on  the  amount  of 
such  sales),  and  the  amount  paid  by  him  for  transporta- 


SCHOOL  LAW  OF  WEST  VIR&INIA. 


73 


tion  charges  on  such  hooks;  pr<>rid*>^  that  each  sf- 
ment  of  charges  to  the  sheriff  shall  be  accompanied 
all  the  transportation  bills  paid  by  said  depositary.  The 
sheriff  shall  duplicate  receipts  therefor  to  such  deposi- 
tary, wherein  shall  be  stated  the  total  amount  of  such 
stilts  and  the  amount  paid  by  such  depositary  to  the 
shcriir.  one  of  which  receipts  shall  be  filed  by  such 
depositary  secretary  of  the  board  of  educt's 

and  upon  receiving  the  same  said  secretary  shall  credit 
tli(:  account  of  said  depositary  with  the  amount  app;- 
ing  thereby  to  have  been  so  paid  by  him  to  the  sheriff 
and  I  ho  amount  paid  for  transportation  charges,  and  the 
amount  of  said  commission  by  separate  items,  and  said 
y  shall  charge  against  the  account  of  the  sheriff, 
which  he  is  hereby  required  to  keep,  the  amount,  paid 
by  such  depositary  to  such  sheriff,  to  be  accounted  for 
by  the  sheriff  in  his  annual  settlement  with  the  board 
of  education.  The  amounts  received  from  the  sales  of 
such  books  shall  bo  credited  to  the  building  fund  of  the 
district. 

XIV.  The  board  of  education  of  each  district  shall 
be  liable  in  its  corporate  capacity  for  the  whole  amount  /f 
ol  all  such  text-books  furnished  to  the  depositaries  in  the 
manner  hereinbefore  prescribed,  and  shall  within  six 
days  from  the  date  of  any  invoice  or  bill  of  text- books 
supplied  by  the  publishers  thereof  to  any  depositary  in 
the  district  in  the  manner  prescribed  in  the  preceding 
••ion,  cause  an  order  to  be  issued  in  favor  of  such 
publisher,  payable  out  of  the  building  fund  of  the  dis- 
trict, and  cause,  such  order  to  be  forwarded  by  mail  to 
such  publishers.  On  presentation  of  such  order  to  him 
the  sheriff  shall  pay  the  amount  thereof  to  the  party 
entitled  to  receive  the  same,  if  there  be  in  his  hands  suf- 
ticient  funds  due  the  building  fund  of  said  district;  but 
if  the  sheriff  have  not  sufficient  of -such  funds  to  pay 
the  same,  he  shall  endorse  on  the  back  thereof  the 
words  "Presented  for  payment,"  with  the  date  of  such 
presentation  and  said  order  shall  draw  interest  from 
that  date. 

If  the  Sheriff  shall  fail  or  refuse  to  pay  such  order 
when  he  has  funds  in  his  hands,  or  should  by  law  have 
the  same,  with  which  to  do  so,  he  shall  be  liable  as  pro- 
vided in  section  forty-six  of  chapter  forty-five  of  the 
Code. 

XV.   The  board  of  education  shall  pay  the  cost  of  such  Bookspft]d  for 
books  and  the  amount  of  charges  for  transportation  out  out  of  fcoiia- 
of  the  building  fund  of  the  district,   and  shall  lay  an1D 
annual  levy  for  the  same  upon  the  taxable  property  of 
the  district  in  the  manner  and  at  the  time  that  other 
levies  are  laid  for  said  fund,  and  if  at  any  time  any 


SCHOOL  LAW  or  WEST  VIRGINIA. 


Board  may 

remove 

depositary. 


Books  in 
exchange . 


Teacher 
liable. 


Misdemeanor 


scholar  or  scholars  should  remove  from  the  county  into 
another  oxmnty  in  which  a  different  book,  or  series  of 
books,  or  different  books  have  been  adopted,  the  board 
of  education  of  any  district  are  authorized  to  purchase 
from  such  scholar  or  scholars  with  money  from  the 
building:  fund  and  at  a  fair  valuation,  such  book  or 
books  or  series  of  books  as  may  not  be  adopted  in  the 
county  to  which  they  may  remove:  Provided,  That  the 
provisions  of  this  section  shall  not  apply  to  districts  in 
which  no  depositary  shall  be  appointed. 

XVI.  The  board  of  education  may  remove  any  deposi- 
tary in  his  district  at  any  time,  and  appoint  another  in 
his  stead;  may  require  him  to  execute  a  new  bond,  or 
additional  bond,  whenever  in  their   opinion  they  shall 
deem  it  necessary,  and  may  cause  to  be  made  at  any  time 
an  invoice  of  the  text- books  in  the  possession  of  any  such 
depositary.     It   shall  be  the  duty  of  every  depositary 
whenever  the  board  of  education  shall  order,  to  turn 
over  to  his  successor  or  such  other  person  as  the  said 
board  may  name,  all  text-books  in  his  possession. 

XVII.  Every  depositary  shall  receive  from  any  resi- 
dent of  his  district  copies  of  the  books  that  may  at  any 
time  be  superseded  by  adoption  of  other  books  in  their 
stead,  at  the  contract  exchange  allowance  of  such  super- 
seded books,   to   be  applied  on   payment  of   adopted 
books.     Each  depositary  shall  turn  over  such  superseded 
books  to  the  board  of  education  at  such  times  as  the 
board  may  direct,  and  shall  receive  credit  on  his  account 
for  the  value  thereof.     Such  superseded  books  shall  be 
held  by  the  board  of  education  subject  to  the  orders  of 
the  publishers  thereof,  for  a  period  of  not  longer  than 
three  months. 

XVIH.  If  any  teacher  in  a  primary  or  graded  school 
of  the  free  school  system  of  this  State  use,  or  cause  to 
be  used  in  such  primary  or  graded  school,  any  text- 
books not  authorized  in  place  of  an  authorized  book, 
then  the  county  superintendent  shall  apply  to  the  board 
of  education  for  an  order  signed  by  said  board,  directed 
to  such  teacher,  requiring  the  use  of  such  unauthorized 
text-book  to  be  discontinued;  and  if  any  teacher  shall 
disobey  any  such  order  issued  by  said  board  of  educa- 
tion, such  teacher  shall  forfeit  the  sum  of  ten  dollars  for 
each  such  offense,  and  it  shall  be  the  duty  of  the  board 
of  education  of  the  district  where  said  teacher  is  em- 
ployed to  retain  that  amount  out  of  the  salary  of  said 
teacher,  which  amount  so  forfeited  shall  be  paid  into  the 
teachers'  fund  of  such  district. 

XIX.  Any  publisher,  school  officer,  depositary, 
dealer,  teacher  or  other  person,  violating  the  provisions 
of  this  act,  shall  be  guilty  of  a  misdemeanor,  and,  on 


SCHOOL  LAW  or  WEST  VIKGINIA.  75 

conviction  thereof,  shall  be  lined  for  each  offense  not 
less  than  five  nor  more  than  fifty  dollars. 

XX.  Nothing  contained  in  this  act  shall  be  construed  Acts  repealed. 
as  changing  or  modifying  the  contracts  heretofore  made 
with  publishers  of  text-books  under  authority  of  chap- 
ter thirty-seven  of  the  Acts  of  one  thousand  eight  hun- 
dred and  ninety-five;  and  all  acts,  or  parts  of  acts,  com- 
ing within  the  purview  of  this  act  and  inconsistent  there- 
with, are  hereby  repealed. 

59.  If  any  officer  or  teacher,  fail  to  perform  any  duty  Fines  for 
required  of  him  by  this  chapter,  or  violate  any  provis-  violations- 
ion  thereof,  and  there  is  no  other  fine  or  punishment 
imposed  therefor,  by  law,  he  shall  be  fined  not  less  than 

three,  nor  more  than  ten  dollars,  for  every  such  offense, 
to  be  recovered  before  a  justice  of  the  peace  of  the 
county;  and  such  fine  shall  not  impair  or  affect  his  lia- 
bility for  damages  to  any  person  injured,  nor  the  lia- 
bility of  himself  and  sureties  on  his  official  bond.  If  the 
board  of  education  of  any  district  or  independent  school 
district,  fail  to  perform  any  duty  required  by  this  act, 
each  member  of  such  board  shall  be  liable  to  the  full 
penalty  imposed  by  this  section,  unless  he  show  that  he 
was  not  guilty  of  any  neglect  or  default  in  the  premises. 

60.  For  the  support  of  free  schools,  there  shall  be  a  state  8Ch08l 
state  tax  levied,  annually,  of  ten  cents  on  the  one  hun-tax. 
dred  dollars'  valuation  on  all  the  real  and  personal  prop- 
erty of  the  State,  which,  together  with  the  interest  of 

the' in  vested  school  fund,  the  net  proceeds  of  all  forfeit- 
ures, confiscations  and  fines  which  accrued  to  the  State 
during  the  previous  year,  the  proceeds  of  the  annual 
capitation  tax,  dividends  on  bank  stock  held  by  the 
board  of  the  school  fund,  and  the  interest  accruing  on 
stock  invested  in  LTnitwl  States  bonds,  shall  be  set  apart 
as  a  separate  i'u;>d  to  be  called  " the  general  school  "General 
fund;'  and  shall  be  annually  applied  to  the  support  of  s< 
free  schools  throughout  the  State,  and  to  no  other  pur- 
pose whatever.  It  shall  be  distributed  to  the  several 
counties  in  the  State  in  proportion  to  the  number  of 
youth  therein,  according  to  the  latest  enumeration  made 
for  school  purposes;  but  the  auditor  shall  first  deduct 
therefrom  the  aggregate  salary  of  the  State  Superin- 
tendent of  Free  'Schools,  and'  the  necessary  traveling 
ami  contingent  expenses  of  his  office,  together  with  such 
other  sums' as  may  be  required  to  be  paid  by  him  out  of 
the  general  school  fund.  Fifty  per  cent,  of  this  dis- 
tributable sura  shall  be  paid  on  the  fifteenth  day  of  Sep- 
tember,  and  the  remainder  on  the  fifteenth  day  of  De- 
cember, of  each  yeiir,  and  in  the  manner  provided  in  the 
sixty-first  section  of  this  chapter. 

61.  It  shall  be  the  duty  of  the  auditor,  on   or    before 


SCHOOL  LAW  OF  WEST  VIRGINIA. 


Duties  of 
Auditor  and 
State  Super- 
intendent in 
distributing 
state  school 
fund. 


?uy>rr- 

intenctent  to 
apportion 
among  dis- 
triotg. 


C»R  Auditor. 


the  tenth  day  of  June,  in  each  year,  to  Mseertain  tbe 
amount  which  is  distributable  among  the  several  coun- 
ties as  aforesaid,  and  notify  the  State  Superintendent  of 
Free  Sehoole  thereof,  who  shall  thereupon  ascertain  the 
proper  share  of  each  county  and  notify  the  auditor  and 
each  county  superintendent,  also,  the  amount  deducted 
by  the  auditor  from  the  share  of  his  county  on  account 
of  salary  paid  the  county  superintendent,  as  required  by 
section  fifty-four,  which  amount  the  county  superintend- 
ent shall  also  deduct  .from  the  share  of  his  county  before 
making  his  distribution  of  the  same  among  the  several 
districts  thereof. 

Upon  receiving  such  notice,  the  county  superintend- 
ent shall  ascertain  the  proper  share  of  each  district,  mid 
independent  school  district,  of  his  cou  irdin;/  to 

the  number  of  youths  therein,  and  give  notice  t;>  thn 
board  of  education  of  each  district,  and  independent 
school  district,  in  the  county,  of  the  amount  of  1h« 
general  school  fund  due  each,  respectively,  and  that  ihe 
same  cannot  be  drawn  by  them  until  they  have  made  the 
levy  required  by  the  fortieth  section  of  this  chap' 

(r2.    Upon  being  officially  notified  by  the  secret. MTV  of 
the  board  of  education,  in  the  manner   provided    • 
the  forty-fourth  section  of  this  chapter,  that  the  ' 
of  education  has  authorized  the  levy  for  school  purpose:?, 
the  county  superintendent  shall   issue  his  requisition  on 
the  auditor,   payable  to  the  order  of  the  sheriff  of  his 
county  for  the  amounts  due  such  districts  as  may  have 
made   the   levy  aforesaid,   which  shall   be  paid  in  two 
equal   installments,    payable   on   the   fifteenth  days  of 
September  and  December,  respectively:  whereupc. 
auditor  shall  issue  his  warrant  upon  the  treasurer  in 
favor  of  the  sheriff  for  the  amount  of  such  r?qtuV 
indicating  in  writing  upon  said  warrant  the  d 
upoti  which  the  same  shall  be  drawn:  and  the  ire;; 
shall  thereupon  be  author  required  !<»  dr," 

i'ii<-    iV'Hiisition  of  j.  ;jMM'in1c!i  ail  be 

jii  i»nn  or  in  suboianc;*  ; 


County  of 


-,  the  - 


dolla 


fund  apportioned  to  the  district  (or  independent 

district)  of ,  in  said  county  for  the  year  18 — . 

And  I  hereby  certify  that  said  district  (or  inde. 


SCHOOL  LAW  OF  WEST  VIRGINIA.  77 

ent  school  district),  has  made  the  levy  required  by  law, 
for  school  purposes,  and  that  said  sheriff  has  given  the 
bond  required  by  law. 
A-     B-  — ,    County    Superintendent     of 

Schools/' 

CX  X  XIX.  Sections  J-J  and  Gl  prohibit  any  district  or  independent  school 
di*uics  from  receiving  its  proportion  of  the  State  school  fund,  until  11 
laid  the  local  levy  required  by  section  40     County  snp.erintendenta  shun  id 
intorm  the    Auditor  if  a  district  votes  down  the   levy  that  h.e  may  act  in 
compliance  with  section  il. 

(>->.  There  shall  be  elected  a  State  Superintendent  of  state  super- 
Free  Schools  for  the  State,  whose  term  of  office  shall  belnten<ieBt'~ 
the  same  as  that  of  the  Governor.     He  shall  be  a  person 
of  good  moral  character,  of  temperate  habits,  of  literary 
acquirements,  and   skill   and  experience  in  the  art   of 
leaching,     lie  shall   receive  annually  the   sum  of   01.^ 
thousand   Jive   hundred  dollars  in  payment  for  his  ser\ 
ices,  to  be  paid  monthly  out  of  the  school  fund  upon  thn 
warrant  of  the  Auditor.     If  in  the  performance  of  any 
duty  imposed  upon  him  by  the  Legislature,  he  shall  in 
cur   any   expenses,    he   shall   be   reimbursed   therefor. 
/Vo/W/W,   The  amount  does  not  exceed  five   hundred 
dollars  in  any  one  year. 

6-i.  The  State  Superintendent  shall  reside  and  keep  m- 
his  office  at  the  seat  of  government.  He  shall  provide 
a  seal  for  his  office,  and  copies  of  his  acts  and  decisions, 
and  of  papers  kept  in  his  office,  authenticated  by  his 
signature  and  official  seal  shall  be  evidence  equally  with 
the  original,  lie  shall  sign  all  requisitions  on  the  Audi- 
tor for  the  payment  of  money  out  of  the  State  treasury 
for  school  purposes,  except  as  hereinafter  provided. 

(JO.  The  State  Superintendent  shall  be  charged  with 
the  supervision  of  all  county  superintendents  and 
schools  of  the  State,  and  see  that  the  school  system   is 
carried  into  effect.     He  shall  prepare  and  transmit  to 
the  county  superintendents  instructions  how  to  cowh 
(.he  elections   prescribed  in  this  chapter,   to   ! 
tniiismit  the  official  records  :>nd  ballots  thereof.  MIM!   llm 
manner  of  ascertaining  ami  announcing  the  n 
MS  io  conform  the  same  to  the  provisions  of  this  chapter, 
and  also  to  such  provisions  of  the  general  election  laws 
of  the  State  as  may  not  be  inconsistent  therewith;  he 
shall  prescribe  and  cause  to  be  prepared  all  forms  and 
blanks  necessary  in  the  details  of  the  system,^  so  as  to 
Secure  its  uniform  operation  throughout  the  State,  and 
shall  cause  the  same  to  be  forwarded  to _ the   se 
com  ay  superintendents,  to  bs  by  them  distributed  to 
persons  entitled  to  the  same.     He  shall  cause;  as  many 
copies  of  this  chapter  and  other  school  laws  in  force  with 
such  forms,  regulations  and  instructions  as  he  may  judge 


78 


SCHOOL  LAW  OF  WEST  VIRGINIA. 


Duties  of 
State  Super- 
intendent. 


expedient,  thereto  annexed,  to  be  from  time  to  time 
published,  as  he  may  deem  expedient,  and  shall  cause 
the  same  to  be  forwarded  to  the  county  superintendents, 
to  be  by  them  distributed  to  the  persons  entitled  to 
receive  them. 

66.  It  shall  be  the  duty  of  the  State  Superintendent 
to  aim  at  perfecting  the  system  of  free  schools  as  estab- 
lished in  the  State;  and  for  this  purpose  it  shall  be  his 
duty  to  correspond  with  educators  and  school  officers 
abroad,  to  acquaint  himself  with  the  various  systems  of 
free  schools  established  in  other  states  and  countries, 
collate  the  results  as  exhibited  in  the  reports  of  their  sev- 
eral superintendents,  and  to  use  all  efforts  necessary  to 
enable  him  to  render  available  the  combined  results  of 
the  experience  of  other  communities  with  his  own  expe- 
rience and  observation. 

He  shall  acquaint  himself  intimately  with  the  peculiar 
educational  wants  of  each  section  of  the  State,  and  shal) 
take  all  proper  means  to  supply  them,  so  that  the 
schools  shall  be  as  nearly  as  possible  equal  and  uniform 
in  grade  throughout  the  State.  He  shall  acquaint  him- 
self with  the  different  systems  and  methods  of  instruc- 
tion which  may  be  introduced  among  educators,  and 
shall  explain  and  recommend  such  as  experience  arid 
sound  principles  of  education  may  have  demonstrated  to 
be  valuable;  and  it  shall  be  his  duty  to  endeavor  to  ren- 
der available  to  the  people  of  this  State  all  such  im- 
provements in  the  system  of  free  schools  and  the  meth- 
ods of  instruction,  as  may  have  been  tested  and  proven 
by  the  experience  of  other  communities. 

67.  He  shall,  on  or  before  the  first  day  of  January, 
of  each  year,  make  a  report  to  the  Governor,  to  be  by 
him  transmitted  to  the  next  regular  session  of  the  Leg- 
islature, in  regard  to  the  condition  of  free  schools  within 
the  State,  embracing  all  statistics  compiled  from  the 
reports  of  the  county  superintendents,  and  such  other 
authentic  information  as  he  can  procure,  which  will  be 
necessary  to  give  a  proper  exhibit  of  the  working;  of 
the  system  together  with  such  plans  as  he  may  have 
matured  for  the  management  and  improvement  of  the 
school  fund,  and  for  the  better  and  more  perfect  organ- 
ization and  efficiency  of  free  schools;  and,  likewise,  nil 
such  matters  in  relation  to  his  office  and  to  free  school*, 
as  he  may  deem  expedient  to  communicate. 

Auditor  to  ^'  ^ne  Auditor  shall  annually,  before  the  iirst  day 

report  condi-    of  September,  deliver  to  the  Governor  and  tho  State 
fund?f  '      ol  Superintendent  of  Free  Schools,  each,  a  report  made  up 
to  the  first  day  of  July  next  preceding,   of  the  condi- 
tion of  "the  school  fund,"  with  an  abstract  of  the  ac- 
counts thereof  in  his  office,  which  report  the  Governor 


Report  of 
State  Super- 
intendent. 


SCHOOL  LAW  OF  WEST  VIRGINIA.  79 

shall  lay  before  the  legislature  at  its  next  regular  ses- 


son. 


CXL.  Chapter  29,  section  67,  Code,  requires  the  Auditor  to  certify  to  each 
•ounty  superintendent  the  amount  of  railroad  levies,  due  to  .each  district 
aud  independent  district.  See  said  section. 

69.  The    Governor    State    Superintendent  of    FreeBoardof 
schools,  Auditor  and  Treasurer,  shall  be  a  corporation  school  mud. 
under  the  name  of  "the  board  of  the  school  fund,"  and 

shall  have  the  management,  control  and  investment  of 
said  fund,  under  the  fourth  section  of  the  twelfth  arti- 
cle of  the  constitution.  The  Governor  shall  be  presi- 
dent of  the  board,  and  in  his  absence  the  board  may 
choose  one  of  their  number  to  preside  temporarily  in 
his  place.  The  Auditor  shall  be  the  secretary  of  the 
board.  A  faithful-  record  shall  be  kept  of  all  the  pro- 
ceedings, and  a  copy  thereof,  certified  by  the  secretary 
of  the  board,  shall  be  evidence  in  all  cases  in  which  the 
original  would  be.  A  majority  of  the  board  shall  con- 
stitute a  quorum  for  the  transaction  of  business. 

70.  A  meeting  of  the  board  may  be  held  at  any  time,  ,, 
upon  the  call  of  any  member  thereof,  provided  notice 
be  given  to  all  members  who  may  be  at  the  seat  of  gov- 
ernment.    The  auditor's  office  shall  be  the  place  of 
meeting,  and  the  proceedings  shall  be  signed  by  the 
president  and  secretary  of  the  meeting  for  that  day,  and 
shall  be  open  to  inspection  at  all  times. 

71.  All  the  money  which  ought  to  be  paid  into  the  Money 
treasury  to  the  credit  of  "the  school  fond*  shall  be  re-  recoverable 
coverable  with  interest  by  action  or  motion  in  the  name 

of  said  board,  before  any  court  having  jurisdiction,  and 
the  attorney-general  shall  institute  and  prosecute  such 
action  or  motion  when  so  directed  by  the  board. 

72.  The  board  may  appoint  agents  for  the  collection  Board  may 
of  debts  or  claims,  and  authorize  them  to  secure  pay-j^SJjJ* 
ment  thereof,  and  to  protect  the  interests  of  the  school 

fund,  on  such  terms  as  it  may  approve.  They  shall 
take  bond  from  said  agent,  if  any  money  is  to  come 
into  his  hands;  and  any  agent  selling  lands,  when  di- 
rected to  do  so  by  the  board,  shall  execute  a  deed,  (with 
the  resolution  giving  such  directions  thereto  annexed), 
conveying  to  the  purchaser  by  special  warranty.  Said 
agent  may  be  allowed  by  the  board  a  compensation  not 
exceeding,  in  any  case,  five  per  cent,  on  the  money  paid 
into  the  treasury. 

73.  All  such  sums  as  have  accrued  or  shall  hereafter  Permanent 
accrue  to  this  State,  from  the  several  sources  enumer- 

ated  in  the  fourth  section  of  the  twelfth  article  of  the 
Constitution,  shall  be  set  apart  as  a  separate  fund  to  be 
called  "the  school  fund,"  and  it  shall  be  the  duty  of  the 
auditor  to  ascertain  from  time  to  time  what  sums  have 


so  SCHOOL  LAW  OF   WEST  VIRGINIA. 

so  accrued  or  aecrne,   and  to  pass  the 

slime  to  Hie  credit  of  the  or  id  school  fund;  and  it  shall  be 
the  duty  of  the  board  of  the  school  fund,  from  time  to 
time,  to  invest  the  same  in  the  interest  bearing  securi- 
ties of  the  United  States,  or  of  this  State,  or  otherwise, 
provided  for  in  said  fourth  section  of  the  twelfth  article 
of  the  Constitution.  And  it  shall  be  the  duty  of  the 
said  board  to  sell  any  investments  on  account  of  the 
school  fund  now  made  in  other  securities,  than  those 
required  in  said  fourth  section  of  the  twelfth  article  of 
the  Constitution,  and  invest  the  proceeds  thereof  in  the 
interest  bearing  securities  of  the  United  States,  or  of 
thl  'vise,  us  provided  in  the  Constitution 

aforesaid. 

certain  stocks  (i*"  I-  All  stock  owned  by  the  state  of  West  Vir- 
d10?^*'  st;tlllding  m  ^ae  name  of  the  Commonwealth  of 
Virginia,  the  State  Internal  Improvement  Fund,  or  the 
Board  of  the  Literary  Fund,  or  in  any  other  name,  in 
the  National  Bank  of  West  Virginia,  at  Wheeling,  tin; 
Parkerstmrg  National  Bank,  the  First  National  Bank  of 
Wellsburo:,  the  First  National  Bank  of  Fairmont,  the 
National  Exchange  Bank  of  Weston,  and  all  the  interest 
owned  by  the  State,  standing  in  the  name  of  the  Com- 
monwealth of  Virginia,  or  in  the  name  of  either  of  said 
I'u  IK  is,  or  in  the  name  of  the  State  of  West  Virginia,  or 
in  any  other  name,  in  the  North  Western  Bank  of  .Vir- 
ginia and  its  branches,  and  in  the  branches  of  the  Ex- 
change Bank  of  Virginia  at  Weston;  and  all  dividends 
and  accrued  interest  on  all  such  stock,  is  hereby  trans- 
•  ferred  to  and  shall  henceforth  be  held  and  treated  as  a 
part  of  the  school  fund  of  the  State,  subject  to  the  con- 
trol of  the  board  of  the  school  fund;  and  the  annual  in- 
terest or  profits  thereof  (but  no  part  of  the  principal), 
shall  be  passed  to  and  become  a  part  of  the  fund  for 
annual  distribution  among  the  several  counties  of  the 
Slate. 


Auditor  shall  '  r  shall  be  the  accountant  of  the  board, 

be  accountant,  exercising  any  of  their  powers,  except  that  he  shall  not, 
without  special  authority,  entered  upon  the  records  of 
their  proceedings,  dispose  of  any  property  or  invest  any 
money  of  the  school  fund.  He  shall  place  the  securities 
in  which  said  school  fund  is  invested  in  such  depository 
for  safe  keeping,  as  the  board  shall  direct.  All  money 
belonging  to  "the  school  fund''  shall  be  received  into 
and  paid  out  of  the  treasury  upon  the  warrant  of  the 
auditor.  But  no  warrant  for  paying  out  such  money 
shall  be  issued  without  the  authority  of  the  board. 

75.  Nothing  in  this  chapter  shall  alter  or  affect  the 
laws  now  in  force  respecting  the  free  schools  in  the  city 


SCHOOT,  LAW  OF  WEST  VIRGINIA.  31 

of  Wheeling,  and  the  parts  of  districts  connected  there-  §"y  «f 
with;  nor  shall  anything  in  this  chapter  be  construed  as 
abolishing  any  independent  school  district  heretofore 
created,  or  as  affecting  any  right  or  privilege  conferred 
upon  them,  respectively,  in  the  acts  of  the  legislature 
by  which  they  have  been  created;  except  so  far  as  such 
right  or  privilege  may  be  inconsistent  with  the  provis- 
ions of  this  chapter  in  which  independent  school  districts 
are  especially  included.  In  the  independent  school  dis- 
trict of  Wheeling  none  but  practical  educators  who  shall 
have  had  at  least  three  years  of  practice  as  teachers  in 
graded  schools,  shall  be  eligible  to  the  office  of  superin- 
tendent. 

CXLl.  Independent  school  districts  are  those  created  by  special  act  of 
the  Legislature  and  are  governed  by  the  laws  laid  down  in  the  acts  creating 
taem.  On  points  where  these  acts  ar»i  silent  the  general  law  applies,  The 

Brinoipal   independent   districts   having  superintendents  are  Wnaeling, 
untiugtou  ,  Parkersburg,  Martinsburg  and  Charleston. 

WEST    VIRGINIA   UNIVERSITY. 

76.  "The  Agricultural  College  of  West  Virginia,"  Agricultural 
located  and  established  at  Morgantown,  in  the  county  west  $rtfni». 
of  Monongalia,  in  pursuance  to  the  act  passed  February 
seventh,  one  thousand  eight  hundred  and  sixty-seven, 
entitled  "An  act  for  the  regulation  of  the  West  Vir- 
ginia Agricultural  College,"  shall  be  and  remain  as  so 
established  and  located;  and  all  the  provisions  of  said 

act,  except  so  far  as  the  same  may  be  altered  by  this 
chapter,  shall  remain  in  full  force  and  effect  to  the  same 
extent  as  if  this  chapter  as  amended  had  not  been 
passed. 

77.  The  name  of  said  college  shall  hereafter  be  "The  weat  Virginia 
West  Virginia  University,"  by  which  name  it  shall  have   ' 

and  hold  all  the  property,  funds,  investments,  rights, 
powers  and  privileges,  now  had  and  held  under  the 
name  prescribed  in  the  above  recited  act. 

78.  For  the  government  and  control  of  said  Univer-  Regent3  of 
sity  there  shallbe  a  board  of  regents  consisting  of  nine  west  Virginia 
persons,  to  be  called  "The  Regents  of  the  West  Vir- 
ginia University."     As  such  board  they  may  sue  and  be 

sued,  and  have  a  common  seal.  The  said  board  shall 
have  the  custody  and  control  of  the  property  and  funds 
of  said  University,  except  as  otherwise  provided  by  law. 
They  shall  have  the  power  to  accept  from  any  person  or 
persons  any  gift,  grant  or  devise  of  money,  land  or 
other  property  intended  for  the  use  of  the  University, 
and  shall  by  such  acceptance,  be  trustees  of  the  funds 
and  property  which  may  come  into  the  possession  or 


82 


SCHOOL  LAW  OF  WEST  VIRGINIA. 


Quorum. 


appointed. 


Governor  to 


Governor  to 
fin  vacancies. 


under  the  control  of  said  board  by  such  gift,  grant  or 
devise,  and  shall  invest  and  hold  such  funds  and  prop- 
erty, and  apply  the  proceeds  and  property  in  such  man- 
ner as  the  donor  may  prescribe  by  the  terms  of  his  gift, 
grant  or  devise,  and  shall  invest  and  hold  such  funds  and 
property  and  apply  the  proceeds  and  property  in  such 
manner  as  the  donor  may  prescribe  by  the  terms  of  the 
gift,  grant  or  devise. 

A  majority  of  said  regents  shall  constitute  a  quorum 
for  the  transaction  of  business,  except  that  for  making 
arrangements  for  the  erection  of  buildings,  or  the  per- 
manent alteration  thereof,  or  the  appointment  to,  or  re- 
moval from  office  of  professors,  or  iixing  their  compen- 
sation or  changing  any  rule  or  regulation  adopted  by  a 
majority  of  the  board,  in  which  case  all  of  the  regents 
shall  be  notified  in  writing  by  the  secretary  of  the 
board,  of  the  time,  place  and  object  of  the  meeting  pro- 
posed to  be  held  for  any  of  the  purposes  excepted  in 
this  section;  and  the  concurrence  of  a  majority  of  the 
regents  shall  be  required. 

The  said  board  of  regents  shall  be  appointed  by  the 
Governor  on  or  before  the  first  day  of  June,  in  the  year 

,  i-i.-i          IT         t      •       ,  i 

one  thousand  eight  hundred  and  ninety-seven  and  on  or 
after  the  tenth  day  of  March  in  the  year  one  thousand 
eight  hundred  and  ninety-seven,  as  follows:  three  shall 
be  designated  to  serve  for  t»vo  years,  three  for  four 
years,  and  three  for  six  years,  from  the  first  day  of 
June,  in  the  year  one  thousand  eight  hundred  and  ninety- 
seven,  and  before  the  expiration  of  said  respective 
terms  he  shall  appoint  between  the  tenth  day  of  March 
and  the  first  day  of  June,  in  each  year  in  which  said  re- 
spective  terms  shall  expire,  three  regents  to  serve  for 
the  full  term  otf  six  years,  from  the  first  day  of  June 
of  the  year  in  which  said  appointments  shall  be  made, 
but  not  more  than  two  regents  in  any  one  class,  nor 
more  than  five  in  all  shall  be  members  of  the  same  po- 
litical party  or  organization,  and  not  more  than  one  shall 
be  appointed  from  any  senatorial  district  of  the  State. 

The  Governor  shall  nominate  for  the  approval  of  the 
e  nine  regents  herein  provided  for,  and  in  the 
year  one  thousand  eight  hundred  and  ninety-nine,  and 
every  second  year  thereafter,  he  shall  nominate,  and  by 
and  with  the  advice  and  consent  of  the  Senate,  appoint 
three  regents  in  the  place  of  the  class  whose  terms  shall  ex- 
pire in  said  year.  The  Governor  may  in  like  manner, 
nil  any  vacancy  that  may  occur  in  said  board;  and  any 
one  appointed  a  regent  by  him  during  the  recess  of  the 
Senate  shall  be  a  regent  until  the  next  session  of  the 


SCHOOL  LAW  OF  WEST  VIRGINIA.  83 

Senate  thereafter;  and  the  terms  of  office  of  the  pres- 
ent board  of  regents  shall  expire  on  the  thirtieth  day  of 
May,  in  the  year  one  thousand  eight  hundred  and 
ninety-seven. 

79.  The  board  of  regents  shall  from  time  to  time  courses  of 
establish  such  departments  of  education  in  literature, study 
science,  art,  agriculture  and  military  tactics  as  they  may 

deem  expedient,  and  as  the  funds  under  their  control 
may  warrant,  and  purchase  such  materials,  implements 
and  apparatus,  as  may  be  requisite  to  proper  instruction 
in  all  said  branches  of  learning,  so  as  to  carry  out  the 
spirit  of  the  act  of  Congress  aforesaid,  approved  July 
second,  one  thousand  eight  hundred  and  sixty-two. 

80.  The  said  board  shall  establish  and  declare  such  RUie8  and 
rules  and  regulations  and  by-laws  not  inconsistent  withre^ulation3- 
the  laws  of  this  State,  or  the  United  States,  as  they  may 

deem  necessary  for  the  proper  organization,  the  tuition 
of  students  and  good  government  of  said  University  and 
the  protection  of  public  property  belonging  thereto. 
They  shall  appoint  a  superintendent  of  the  buildings  and 
grounds,  a  secretary  for  said  board  and  also  a  treasurer, 
who  shall  be  members  of  the  faculty  of  the  University, 
and  shall  not  receive  any  compensation  for  services  as 
such  superintendent,  secretary  and  treasurer.  No  salary  officerfl  of  tht 
shall  be  paid  to  the  secretary  of  the  executive  committee,  university. 
From  the  said  treasurer  they  shall  take  a  bond  with 
ample  security,  and  conditioned  according  to  law,  for 
the  faithful  keeping  and  disbursing  such  money  as  is 
herein,  or  may  Iw  hereaf  lor  appropriated,  and  such  other 
money  as  may  be  allowed  by  said  board  to  come  into 
his  hands  from  time  to  time;  they  shall  also  settle  with 
him  annually  or  oftener  if  they  think  best;  inspect 
annually  all  the  property  belonging  to  said  University 
and  make  a  full  report  of  the  condition,  income,  expen- 
ditures and  management  of  said  University,  annually, 
to  the  Governor;  to  be  by  him  laid  before  the  Legisla- 
ture. 

81.  The  board  shall  have  power  to  create  a  prepara-  Preparfttory 
tory  department  to  said  University,  and  establish  any  department, 
other  professorships  than  those  indicated  heretofore,  if 

the  same  be  deemed  essential;  to  tix  the  salaries  of  the 
several  professors,  and  to  remove  them  for  good  cause, 
but  in  case  nf  removal  the  concurrence  of  a  majority  of 
the  regents  shall  be  required,  and  the  reasons  for  a  re- 
moval shall  be  communicated  in  a  written  statement  to 
the  Governor. 

Si!.  Besides  prescribing  the  general  terms  upon  which  Anointm 
students  may  be  admitted,  and  the  course  of  instruction,  of 
the  regents  are  still  further  empowered  to  admit  as  reg- 
ular students  or  cadets  of  said  university  not  more  than 


84  SCHOOL  LAW  OF   WEST   VIRGINIA. 

one  hundred  and  forty-four  students,  of  whom  each  re- 
gent may  appoint  not  more  than  sixteen  who  are  not 
less  than  sixteen  years  of  age  nor  more  than  twenty-one, 
whose  term  of  service  shall  not  be  less  than  two  nor 
more  than  live  years,  which  appointment  shall  be  made 
upon  undoubted  evidence  of  good  moral  character  and 
sound  physical  condition,  but  not  more  than  twelve 
cadets  shall  be  appointed  from  any  senatorial  district 
and  not  more  than  five  from  any  one  county. 

cadets  hare  83.  The  cadets  admitted  under  the  provisions  of  the 
freebook8,etc.  preceding  section  shall  be  entitled  to  all  the  privileges, 
immunities,  educational  advantages,  and  benefits  of  the 
University,  free  of  charge  for  admission,  tuition,  books 
and  stationery,  and  shall  constitute  the  public  guard  of 
the  University,  and  of  the  public  property  belonging 
thereto;  and  of  the  ordinance  and  ordinance  stores,  and 
camp  and  garrison  equipage,  of  which  a  sufficient  supply 
shall  be  kept  in  the  arsenal  belonging  to  the  institution. 
And  the  professors  and  the  students  of  the  University 
receiving  instruction  in  military  tactics  and  the  art  of 
war,  shall  be  individually  and  collectively  responsible 
for  the  preservation  and  safe-keeping  of  all  arms  and 
camp  equipage  belonging  to  said  institution. 

Expenses  of  84.  All  reasonable  expenses  incurred  by  said  regents 
regents.  jn  discharging  the  duties  hereby  imposed  upon  them 
(not,  however,  including  wages  or  per  diem  compensa- 
tion) shall  be  allowed  by  the  Governor  and  paid  out  of 
the  treasury  of  the  State,  in  like  manner  as  other  sums 
are  drawn  therefrom:  Provided,  however \  That  such 
expenditure  shall  not  exceed  five  hundred  dollars  per 
annum. 

ttraduation.  85.  The  president,  board  of  regents  and  faculty  may 
graduate  any  student  of  the  university  found  (after 
proper  examination)  duly  qualified,  and  shall  certify 
the  same  by  affixing  the  seal  of  the  University  to  bis 
diploma. 

investment  of  86.  The  fund  derived  from  the  sale  of  United  States 
land  funds.  jan(j  warrants  which  have  been  donated  to  this  State  for 
the  purpose  of  endowing  an  agricultural  college,  shall 
be  invested  by  the  Governor  in  a  loan  of  public  stock 
of  the  United  States,  or  otherwise,  as  required  by  Con- 
gress, for  the  use  and  benefit  of  the  said  University. 

AGRICULTURAL    EXPERIMENT    STATION. 

Agricultural  [S6«.  WHEREAS,  The  Congress  of  the  United  States 
has  in  its  widom  seen  fit  to  appropriate  the  sum  of  fif- 
teen thousand  dollars  annually  for  the  establishment  and 
maintenance  of  an  agricultural  experiment  station  in  this 
state,  to  aid  in  acquiring  and  diffusing  among  the  people 


SCHOOL  LAW  OF  WEST  VIRGINIA.  85 

useful  and  practical  information  on  the  subjects  con- 
nected with  agriculture,  and  to  promote  scientific  inves- 
tigation and  experiment  respecting  the  principles  and 
applications  of  agricultural  science,  to  be  established  in 
connection  with  and  under  the  direction  of  the  college 
of  this  State,  established  in  accordance  with  the  provis- 
ions of  an  act  approved  July  2,  1862,  entitled,  "An  act 
donating  public  lands  to  the  several  States  and  Terri- 
tories which  may  provide  colleges  for  the  benefit  of  ag- 
riculture and  the  mechanic  arts,"  and, 

WHEREAS,  The  West  Virginia  University  by  an  act 
of  the  Legislature  of  West  Virginia,  entitled,  "An  act, 
for  the  regulation  of  the  West  Virginia  Agricultural 
College,"  passed  February  7, 1867,  and  other  acts  of  the 
Legislature  amendatory,  thereof,  is  the  institution  of 
this  State  receiving  the  benefits  of  the  above  mentioned 
land  grant  fund;  and, 

WHEKEAS,  In  accordance  with  the  provisions  of  sec- 
tion 9  of  aforementioned  act  of  Congress  establishing 
said  experiment  stations,  the  Governor  of  West  Virginia 
has  accepted  for  the  West  Virginia  University  the  con- 
gressional appropriation  for  the  establishment  of  an 
agricultural  experiment  station,  and 
"WHEREAS,  The  board  of  regents  of  the  West  Virginia 
University,  in  accordance  with  section  1,  of  the  afore- 
named coincrressional  act,  approved  March  2,  1887,  has 
established  a  department  in  the  West  Virginia  Uni- 
versity, known  as  "the  West  Virginia  Agricultural 
Experiment  Station,"  which  is  now  in  full  working 
order  and  issuing  regular  bulletins  for  the  diffusion  of , 
information  among  the  people  of  the  State,  as  required 
by  law;  and  which  is  now  well  and  thoroughly  equip- 
ped with  chemical  laboratories,  apparatus  and  ma- 
chinery,and  has  a  staff  of  scientific  men  employed  and 
< -a r rying  on  the  work  contemplated  in  the  congressional 
act,  therefore, 

B<-  H  enacted  ly  the  Ley  Mature  of  Wext  Virginia. 

\,  That  the  State  of  West  Virginia  hereby  assents  to  state  accepts 
and  accepts  from  the  government  of  the  United  States |JJ«J™ 
the  grants  of  money  authorized  by  said  act  of  congress, 
and  assents  to  the  purposes  of  said  grants. 

II.  The  bulletins  raid  annual  reports  required  to  beBuiietina. 
published  under  section  four  of  said  act,  shall  be 
printed  at  the  expense  of  the  State,  by  the  State  printer, 
in  such  editions  or  numbers  as  the  mailing  list  of  the  ex- 
periment station  shall  indicate  as  being  required,  and 
shall  be  distributed  by  the  station  free  of  all  charge  to 
farmers  and  other  citizens  of  the  State  desiring  the 


same. 


86 


SCHOOL  LAW  OF  WEST  V  HUM  MA, 


State    Normal 
School. 


Regents. 


Transfer  of 
property. 


Rule's  and 
regulations. 


87.  The  "West  Virginia  State  Normal  School,"  es- 
tablished under  and  by  virtue  of  the  act  passed  February 
twenty-seventh,  one  thousand  eight  hundred  and  sixty  - 
seven',  entitled  "An  act  for  the  establishment  of  a  State 
Normal  School,"  shall  be  and  remain  at  Marshall  Col- 
lege, in  the  county  of  Cabell,  as  provided  in  said  act, 
and  all  the  provisions  of  said  act,  and  of  all  other  acts 
in  relation  thereto,  shall  be,  and  remain  in  fall   force, 
except  so  far  as  the  same  may  be  altered  by  this  chap- 
ter.     For  the  government  and  control  of  s.-nd  school  and 
its  branches,  there  shall  be  a  board  of  regents,  consist- 
ing of  the  State  Superintendent  of  Free  Schools,  to- 
gether with  one  person  from  each  congressional  district 
in  the  State,  to  be  appointed  by  the  Governor,  as  here- 
inafter provided,  who  shall  be  called  the  "Regents  of 
the  State  Normal  School,"  and  as  such  may  have  a  com- 
mon seal,  sue,  and  be  sued,  plead  and  be  iinpleaded,  con- 
tract and  be  contracted  with,  and  take,  hold  «.nd  pi 

real  and  personal  estate  for  the  use  of  said  school.  The 
transfer  and  conveyance  by  the  board  of  superviy 
Cabell  county  of  the  lands  and  buildings  of  Tvlm-shall 
College,  and  of  the  real  estate  heretofore  conveyed  by 
the  Central  Land  Company  of  West  Virginia  to  the  re- 
gents of  said  school  heretofore  appointed,  is  hereby  ac- 
cepted, confirmed  and  legalized.  But  in  case  the  said 
scnool  should  at  any  time  hereafter  be  removed  from 
the  said  Marshall  College,  the  said  property  so  com 
shall  revert  to  and  be  vested  in  the  county  court  for  the 
use  of  said  county  of  Cabell.  The  said  board  of  regents 
shall  be  appointed  by  the  Governor,  and  equally  divided 
between  the  two  dominant  political  parties,  on  or  before 
the  first  day  of  June,  one  thousand  eight  hundred  and 
ninety-five,  one  of  whom  shall  serve  one  year,  one  two 
years,  one  three  years  and  one  four  years,  and  upon  the 
expiration  of  said  term  of  service  he  shall  appoint 
for  the  full  term  of  four  years  as  hereinbefore 
vided. 

88.  The  said  school  shall  be  under  the  general   super- 
vision and  control  of  the  said  regents.     They  shall  have 
full  power  and  authority  to  adopt  and  establish  sucb  by- 
laws, rules  and  regulations  for  its  government  as  they 
may  deem  necessary  and  proper,  to  effect  the  object  of 
its  establishment,  not  inconsistent  with  the  laws  of  this 
state.     They  shall  fix  the  number  and  compensation  of 
the  teachers,   and  others  to   be  employed  therein,  and 
appoint  and  remove  the  same;  prescribe  the  preliminary 
examination  of  pupils,  and  the  terms  and  conditions  on 
which  they   shall   be  received   and   instructed   in  said 
school:     Provided,  That  all  pupils  admitted  free  of  tui- 
tion to  any  one  school,  shall  not  exceed  in  number  the 


pro- 


SCHOOL LAW  OF  WEST  VIRGINIA.  87 

whole  number  appointed  to  such  county  for  admission 
to  all  normal  schools  of  the  State;  the  branches  of  learn-  pup?iscr ' 
iug  to  be  taught  in  each  department  thereof;  and  shall 
determine  the  number  of  pupils  to  be  received  in  the 
normal  department  of  said  school  from  each  county  or 
judicial  circuit  of  this  State,  conforming  as  nearly  as 
possible  to  the  ratio  of  population  therein,  and  the  mode 
of  selecting  them.  The  pupils  admitted  into  the  normal 
department  of  said  school  shall  be  admitted  to  all  the 
privileges  thereof,  free  from  all  charges  of  tuition,  or 
I'or  use  of  books  or  apparatus;  that  every  such  pupil 
shall  pay  for  all  books  lost  by  him  or  any  damage  done 
by  him  to  such  books  or  apparatus;  and  any  pupil  in 
said  school  may  be  dismissed  therefrom  by  said  regents, 
or  by  the  executive  committee,  subject  to  the  approval 
of  the  regents,  for  immoral  or  disorderly  conduct,  or 
for  neglect  or  inability  to  perform  his  duty.  The 
State  Superintendent  of  Free  Schools  shall  prepare  suit- 
able  diplomas  to  be  granted  to  the  students  of  the 
normal  department  of  said  school  who  have  completed 
the  course  of  study  and  discipline  prescribed  by  said 
regents.  The  said  regents  may  establish  a  pay  depart- 
ment in  said  school  whenever  the  accommodations  there- 
of will  admit  of  the  same,  and  may  admit  into  such  de- 
partment so  many  paying  students  as  can  be  accommo- 
dated therein  from  this  or  any  other  State,  whether  they 
desire  to  become  teachers  of  schools  or  not. 

They  may  cause  to  be  taught  in  the  said  department 
of  said  school,  all  or  any  of  the  branches  of  learning 
usually  taught  in  colleges  and  seminaries,  and  for  that 
purpose  may  establish^ therein  the  necessary  professor- 
ships. 

They  may  also  make  all  the  necessary  rules  and  regu-  Tuition,  etc. 
lations  for  the  government  of  said  department  and  pres- 
cribe the  tuition  and  the  terms  of  admission  therein. 
The  said  school  shall  continue  to  be  called  and  known 
by  the  name  of  "Mar shall  College." 

CX.LII.  The  number  of  persons  who  may  receive  appointments  to  the 
normal  school?  of  the  State  is  one  thousand,  divided  among  the  counties 
according  to  population 

CXLIII.  It  is  the  practice  to  allow  persons  attending  either  of  the  State 
Normal  Schools,  under  appointment,  to  teasb  one  term  of  school  each  year 
if  desired,  and  yet  hold  the  appointment.  The  same  rale  is  held  to  be 
good  in  ease  of  colored  teachers  attending  the  West  Virginia  Colored 

Institute. 

CXLIV  Clearly  under  section  88  of  the  school  law,  two  departments  are 
contemplated.  One  known  as  the  normal  department,  and  the  other  as  the 
pay  or  academic  department..  It  is  intended  that  in  the  latter  department. 
persons  are  admitted  who  do  not  desire  to  take  the  normal  course,  or  if 
they  have  taken  the  normal  course,  who  desire  to  pursue  a  higher  grade  of 
studies  I  see  nothing  to  prevent  those  who  have  taken  the  normal  course, 
and  nave  graduated  from  reviewing  the  studies  contained  in  the  normal 

C°Theepim>eose  of  th?normal  course  is  to  prepare  teachers,  and  a  reviewing 
of  that  course  would  be  to  make  the  teachers  more  perfect.—/.  8.  Rlky, 
4  ttorney-6eneral. 


88 


SCHOOL  LAW  OF  WEST  VIRGINIA. 


Executive 
Committee. 


Fairmont 
branch . 


West  Liberty 
branch. 


Glenville 
branch . 


Shepherds- 
town  branch. 


89.  The  said  regents  shall  appoint  three  intelligent 
and  discreet  persons,  residents  of  the  county  of  Cabell, 
who  shall  constitute  an  executive  committee  for  the  care 
and  immediate  management  and  control  of  said  school, 
subject  to  the  rules  and  regulations  prescribed  by  the 
regents.  Said  committee  shall  (subject  to  the  control 
of  said  regents),  designate  the  person  to  take  charge  of 
the  boarding  department  of  said  school,  and  fix  the 
price  to  be  paid  for  board  therein.  They  shall  from 
time  to  time  make  full  and  detailed  reports  to  said  re- 
gents of  the  condition,  working  and  prospects  of  said 
school,  and  shall  perform  such  other  duties  in  relation 
thereto  as  the  said  regents  may  from  time  to  time  pre- 
scribe. 

90..  The  branch  of  the  state  normal  school  established 
at  Fairmont,  under  and  in  pursuance  of  the  act  passed 
March  fourth,  one  thousand  eight  hundred  and  sixty- 
eight,  entitled,  "An  act  providing  for  the  purchase  of 
the  West  Virginia  Normal  School  at  Fairmont,"  shall  be 
and  remain  at  that  place,  and  all  provisions  of  said  act 
shall  remain  in  full  force,  except  so  far  as  the  same  may 
be  altered  by  this  chapter.  Said  school  shall  be  under 
the  jurisdiction  and  control  of  the  regents  of  the  state 
normal  school,  in  the  same  manner  and  to  the  same  ex- 
tent as  the  state  normal  school  at  Marshall  College. 

91.  The  branch  of  the  state  normal  school  established 
at  West  Liberty,  under  and  in  pursuance  of  the  act 
passed  March  first,  one  thousand  eight  hundred  and 
seventy,  entitled  "An  act  to  establish  a  branch  normal 
school  at  West  Liberty,  in  Ohio  county, ' '  shall  be  and 
remain  at  that  place,  and  all  the  provisions  of  said  act 
shall  remain  in  full  force,  except  so  far  as  the  same  may 
be  altered  by  this  chapter.     Said  school  shall  be  under 
the  jurisdiction  and  control  of  the  regents  of  the  state 
normal  school,  in  the  same  manner  and  to  the  same  ex- 
tent as  the  state  normal  school  at  Marshall  College. 

92.  The  branch  of  the  State  normal  school  established 
at  Glenville,  under  and  in  pursuance  of  the  act  passed 
the  nineteenth  day  of  February,    one  thousand  eight 
hundred  and  seventy- two,  entitled  "an  act  to  establish  a 
branch  normal  school  at   Glenville,    Gilmer   county," 
shall  be  and  remain  at  that  place,  and  all  the  provisions 
of  said  act  shall  remain  in  full  force,  except  so  far  as  the 
same  may  be  altered  by  this  chapter.     Said  school  shall 
be  under  the  jurisdiction  and  control  of  the  regents  of 
the  State  normal  school,  in  the  same  manner  and  to  the 
same  extent  as  the   State  normal  school  at  Marshall 
College. 

93.  The  branch  of  the  State  normal  school  established 
at  Shepherdstown,  under  and  in  pursuance  of  the  act 


SCHOOL  LAW  OF  WEST  VIRGINIA. 

jassed  and  approved  February  fourteenth,  one  thous- 
md  eight  hundred  and  seventy-two,  entitled  "an  act  to 
Itablish  a  brance  normal  school  at  Shepherdstown,  in 
he  county  of  Jefferson,"  shall  be  and  remain  at  that 
)lace,  and  all  the  provisions  of  said  act  shall  remain  in 
ill  I  force,  except  so  far  as  the  same  may  be  altered  by 
his  chapter.  Said  school  shall  be  under  the  jurisdiction 
,nd  control  of  the  regents  of  the  State  normal  school,  in 
he  same  manner  and  to  the  same  extent  as  the  State 
lormal  school  at  Marshall  College. 

94.  The  branch  of  the  State  normal  school  at  *Con-  concord 
iord,   in  Mercer  county,  established  by  the  act  passed  Branch. 
he  twenty-eighth  day  of  February,  one  thousand  eight 
lundred  and  seventy-two,  entitled  uan  act  to  locate  a 
>ranch  State  normal  school  at  Concord,  in  the  county  of 
dercer,   shall   be  and  remain  at  that  place,  and  all  the 
wovisions  of  said  act  shall  remain  in  full  force,  except 

o  far  as  the  same  may  be  altered  by  this  chapter.  Said 
chool  shall  be  under  the  jurisdiction  and  control  of  the 
egents  of  the  State  normal  school  in  the  same  manner 
ind  to  the  same  extent  as  the  State  normal  school  at 
Marshall  College. 

95.  The  principals  of  the  State  Normal  school  and  its  Principal's 
>ranches  shall  make,  at  the  close  of  each  term  thereof,  reports. 

o  the  president  of  the  board  of  regents,  in  addition  to 
he  annual  reports  required  of  them,  a  report,  under 
>ath,  of  the  number  of  non-paying  normal  school  pupils 
,nd  the  number  of  paying  pupils  in  the  several  depart- 
ments of  the  school  in  actual  monthly  attendance  during 
aid  term. 

96.  The  president  of  the  board  of  regents  of  the  State 
formal  School  and  its   branches,   upon  receipt  of  the 
eports  required  in  the  ninety- fifth  section  of  this  chap- 
er,  shall  furnish  the  Auditor  of  the  State  with  the  rium- 
>er  of  the  non-paying  Normal  pupils  in  actual  monthly 
/ttendance  in  each  of  the  said  Normal  Schools,   and  the 
lumber  of  months  of  actual  attendance,  upon  the  receipt 
•f  which  report,  and  upon  the  requisition  of  the  presi- 
lent  of  the  board  of  regents,  the  said  auditor  shall  issue 
o  the  executive  committee  of  each  of  said  schools,  war- 
ants  upon  the  treasury  of  the  State  for  the  amount  due 
aid  schools,  at  the  rate  of  three  dollars  and  fifty  cents 
>er  month  for  every  non-paying  Normal  pupil  reported 
,s  in  monthly  attendance. 

A  sum  not  to  exceed  thirty-two  hundred  dollars  each  Appropna- 
rear   is  hereby  appropriated  for  each  of  the  Normal tlon- 
>chools,  payable  out  of  the  treasury  of  the  State. 

The  State  Superintendent  of  Free  Schools  shall,  if 
)ossible,  in  every  year,  make  arrangements  with  some 

*The  name  of  the  postoffice  has  been  changed  to  Athena. 


89 


90  SCHOOL  LAW  OF  WEST  VIRGINIA. 

suitable  institution  of  learning  in  this  State  for  the  edu 
colored  ^on  an(^  Normal  school-training  of  a  number  of  coloi 
tochers.  teachers,  in  the  proportion  to  the  colored  population 
the  State  which  the  non-paying  white  students  in 
Normal  Schools  bear  to  the  white  population  of  1 
State;  but  the  amount  to  be  paid  for  each  of  saidcoloi 
teachers  shall  not  exceed  the  sum  herein  specified  : 
each  non-paying  white  student;  and  an  additional  si 
to  the  extent  necessary  to  pay  the  tuition  of  said  coloi 
students,  is  hereby  appropriated,  payable  out  of  i 
treasury  of  the  State  in  each  year,  as  provided  for 
the  next  section,  upon  the  requisition  of  the  State  Sup< 
intendent  of  Free  Schools. 

CXLV.  "  'Actual  monthly  attendance'  of  a  non-paying  pupil  during 
month  of  a  school  term,  may  be  an  attendance  bona  fide,  for  a  portio 
the  mouth.  Sickness  might  prev/nt  constant  attendance  during 
month,  yet  if  the  pupil  was  in  attendance  in  good  faith  during  part  of 
month,  when  able  to  attend,  the  school  would  be  entitled  to  «8.50  for  s 
pupil  for  that  month.  The  words 'actual  monthly  attendance' 

used  in  the  statute,  so  as  to  plainly  prohibit  pay  being  drawn  for  const: 
tive  monthly  attendance." 

"The  attendance  of  the  pupil  must  have  commenced  in  a  month  am 
good  faith,  with  an  intention  of  continuing.  If  the  pupil  does  not  att 
at  all  during  any  month  *  *  the  law  prohibits  any  pay  being  given 
Alfred  Caldwell,  Attorney-General. 

unearned  ^7.  If  any  normal  school  does  not  earn  the  amount 

appropriation. its  annual  appropriation  of  three  thousand  dollars, 
aforesaid,  in  any  year,  the  board  of  regents  of  the  St 
Normal  School  and  its  branches  are  hereby  authori; 
to  expend  in  their  discretion  the  unearned  amount  of 
annual  appropriation  in  the  payment  of  teachers 
another  or  others  of  such  schools;  and  the  auditor  si 
issue  his  warrants  for  such  expenditures  on  the  ordei 
said  board. 

CX.LVI.  Section  96  as  amended  by  chapter  45,  Acts  1805,  provides  fo 
appropriation  of  thirty-two  hundred  dollars  for  each  normal  school. 

98.  I.  If  any  money  be  lent  or  advanced,  or  any thi 
Dealing  with  be  sold  or  let  to  hire,  on  credit  to  or  for  the  use  of  t 
students.  student  or  pupil  under  twenty-one  years  of  age,  at 
West  Virginia  University,  the  West  Virginia  St 
Normal  School  or  any  of  its  branches,  or  any  incor 
rated  college  in  the  State,  without  the  previous  pern 
sion,  in  writing,  of  his  or  her  parent  or  guardian, 
the  president  or  principal  of  such  institution,  noth 
shall  be  recovered  therefor,  and  there  shall,  moreo\ 
be  forfeited  to  the  State,  by  the  person  giving  s 
credit,  twenty  dollars,  and  the  amount  or  value  of  s 
thing.  When  such  selling,  letting,  lending  or  adva 
ing  is  by  an  agent,  such  forfeiture  shall  be  by  his  pi 
cipal,  unless  the  principal  shall  within  ten  days  after 
has  knowledge  or  information  of  the  selling,  letti 
lending  or  advancing,  give  notice,  in  writing,  of 


SCHOOL  LAW  OF  WEST  VIRGINIA.  91 

be,    nature  and  amount  thereof  to  the  president  or 

ler  head  of  the  institution,  in  which  case  the  forfeit- 
shall  be  by  the  agent. 
.  All  acts  and  parts  of  acts  coming  within  the  pur- 

w   of  this  chapter,  and  inconsistent  therewith,  are   c 

•eby  repealed. 

E  WEST  VIRGINIA   SCHOOLS   FOR   THE   DEAF  AND  BLIND. 

98«.  I.  That  the  name  of  the  West  Virginia  Institu- 
Q  for  the  Deaf,  Dumb  and  Blind  be  and  the  same  is 
eby  changed  to  that  of  '  'The   West  Virginia  Schools  Name 
the  Deaf  and  the  Blind." 

["he  board  of  regents  for  the  West  Virginia  Schools  Board  of 
the  Deaf  and  Blind,  shall  be  composed  of  nine  mem- re8ents- 
•s,  whose  term  of  office  shall  commence  on  the  first 
r  of  June,  one  thousand  eight  hundred  and  ninety- 
en. 

?he  Governor  shall  on  the  tenth  day  of  March,  one  Governor  to 

nisaiid  eight  hundred  and   ninety-seven,  or  as  soon 

rciif  tor  as  convenient,  nominate,  and  by  and  with  the 

dee  and  consent  of  the  Senate,  appoint  said  nine  re- 

mts  for  said  schools,  I  ml  said  regents  shall  be   divided 

to  three  classes  of  equal  numbers  and  not  more  than 

fo  regents  in  each  class  shall  belong  to  the  same  polit- 

al  party.     Not  more  than   one  regent  for  the  West 

irghihi  Scoois  for  the  Deaf  and  the  Blind  shall  be  ap- 

)inted  from  any  one  county. 

The  term  of  office  of  the  first-class  shall  be  two  years, 
the  second  class  four  years,  and  of  the  third-class  six 
jars. 

On  the  tenth  day  of  March,  one  thousand  eight  hun- 
indred  and  ninety-nine,  or  as  soon  thereafter  as  con- 
>nient,  and  every  second  year  thereafter,  the  Governor 
all  nominate,  and  by  and  with  the  advice  and  consent 
the  Senate,  appoint  three  regents  for  said  schools,  in 
ace  of  the  class  whose  term  expires  in  said  year;  and 
e  term  of  such  regents  shall  commence  on  the  first  day 
April  in  the  year  of  their  appointment  and  continue 
£  years.  The  Governor  may  in  like  manner  appoint 
gents  to  fill  any  vacancy  that  may  occur  in  the  board 
said  schools,  and  any  one  appointed  a  regent  by  him 
iring  the  recess  of  the  Senate,  shall  be  a  regent  until 
e  next  session  of  the  Senate  thereafter. 
Said  members  shall  constitute  collectively  a  body  cor- 
n-ate with  powers  to  rent,  purchase  and  convey  real 
tate,  and  with  all  other  powers  necessary  for  the  car- 
Ing  on  of  the  institution  for  the  education  of  the  deaf 
id  blind  youth  of  West  Virginia,  established  under  the 
t  passed  March  third,  eighteen  hundred  and  seventy, 


92 


SCHOOL  LAW  OF  WEST  VIRGINIA. 


Quorum . 


Principal. 


Teachers. 
Furniture. 


Steward. 


Salaries. 


Vlsitine 
physician. 


Bond. 


R'lles  and 
regulations 


and  to  be  known  as  '  The  Board  of  Regents  of  the  West? 
Virginia  Schools  for  the  Deaf  and  the  Blind."  Saidi 
board  shall  appoint  one  of  their  number  as  president,] 
and  in  case  of  his  absence  a  president  pro  tew,,  shall  ap-J 
point  a  secretary,  and  all  orders,  drafts  or  requisitions  foil 
money  from  the  State  shall  be  signed  by  their  secretary! 
and  countersigned  by  the  president.  Said  board  shall 
meet  as  hereinafter  provided,  and  shall  hold  such  other j 
meetings  as  they  may  think  necessary.  Extra  meetings! 
may  be  called  by  the  president  or  by  any  four  membersj 
of  the  board  by  notifying  the  other  mem  bers  of  the  time! 
and  place  of  the  meeting  and  of  the  nature  of  the  busi-< 
ness  which  renders  an  extra  meeting  necessary.  Al 
majority  of  the  board  shall  constitute  a  quorum  for  thei 
transaction  of  all  ordinary  business,  but  the  board  may,] 
in  its  discretion,  designate  business  of  a  nature  to  be] 
specified  by  it,  which  may  be  transacted  by  a  stated] 
number  of  regents  less  than  a  quorum. 

II.  It  shall  be  the  duty  of  the  principal  under  the  di-j 
rection  of  the  board  to  superintend  the  affairs  necessary] 
for  the  proper  conduct  of  the  institution,  and  to  make! 
such  general  regulations  as  may  be  necessary  for  the! 
successful  management  of  the  same,  and  to  purchasejj 
such  books  and  apparatus  as  may  be  necessary  for  thej 
efficient  working  of  the  institution. 

III.  Said  board  shall  appoint  all  necessary  teachers] 
and  assistants,  and  shall  provide  the  furniture,  fixtures, 
apparatus  and  other  things  necessary  for  the  comfort  j 
and  convenience  of  inmates  of  the  institution. 

IV.  The  said  board  may,  when  they  deem  it  necessary,  j 
elect  a  steward;  and  the  principal  and  matron  shall  re-j 
side  in  the  institution,  and  the  steward  and  teacher  in  or] 
near  it.      All  salaries  shall  be  fixed  by  the  board  of] 
regents,  and  shall  be  paid  monthly  or  quarterly,  as  the : 
board  may  deem  proper,  out  of  the  fund  appropriated 
by  the  legislature. 

V.  The  board  of  regents  shnll  employ  as  visiting  phy- 
sician of  the  institution,  a  physician  of  reputable  stand- 
ing in  his  profession,  and  it  shall  be  his  duty  to  render 
all  medical  assistance  necessary  to  its  inmates,  and  fix 
his  salary,  not  to  exceed  three  hundred  dollars,  to  bo 
paid  in  the  same  manner  as  a  teacher. 

VI.  The  principal  and  steward  shall  give  bond  with 
approved   security  in   such    amount   as  the  board  of' 
regents  may  direct,  for  the  faithful  discharge  of  their 
respectives  duties. 

VII.  The  board  of  regents  shall  prescribe  such   by- 
laws, rules  and  regulations  for  the  government  and  con- 
duct of  the  institution  under  their  charge  as  shall  secure 
the  harmonious  and  efficent  management  of  s*id  institu 


SCHOOL  LAW  OF  WEST  VIRGINIA.  98 

tfofir  in  all  its  parts.  They  shall  require  such  reports 
from  the  principal,  steward,  matron  and  physician  as  in 
their  opinion  the  institution  may  demand,  and  they  shall 
annually,  on  or  before  the  first  day  of  December,  report 
to  the  Governor  all  the  facts  and  circumstances  in  con- 
nection with  the  conduct  and  progress  of  the  institution, 
with  a  careful  statement  of  all  the  receipts  and  disburse- 
ments of  the  same,  and  shall  accompany  their  annual 
•  report  with  such  recommendations  and  suggestions  as 
will  enable  the  State  efficiently  to  foster  and  promote 
the  enterprise  of  educating  the  deaf,  dumb  and  blind 
youth  within  its  limits.  The  fiscal  year  of  the  institu-  Fiscal  year 
tion  shall  end  on  the  last  day  of  September,  and  the 
accounts  of  the  institution  shall  be  kept  with  reference 
to  said  fiscal  year;  and  there  shall  be  an  annual  meeting 
of  said  board  on  the  third  Thursday  in  October  in  each 
and  every  year. 

VIII.  The  board  of  regents  may  provide  in  said  insti-  Admission  of 
tution  accommodation  for  all  the  officers,  assistants  andpupiis. 
employees,  and  for  all  tne  deaf,  dumb  and  blind  youth 
resident  of  the  State  of  West  Virginia  who  may  apply 

for  admission  to  the  said  institution,  between  the  ages  of 
eight  and  twenty-five  years,  and  for  such  other  deaf, 
dumb  and  blind  persons  as  may  apply  for  admission  as 
paying  pupils,  under  such  regulations  as  said  board  may 
direct,  but  all  youth  admitted  must  be  of  sound  mind 
and  not  afflicted  with  any  contagious  or  offensive  disease. 

IX.  All  such  deaf,  dumb  and  blind  youth  residents  Admission  of 
of  the  State  of  West  Virginia  between  the  ages  of  eight pupils< 
and  twenty-five  years,  shall  be  admitted  to  pupilage  in 

the  institution  on  application  to  the  principal;  until  the 
institution  is  filled,  applicants  shall  be  admitted  in  the 
order  of  their  application,  and  it  shall  be  the  duty  of 
the  principal  to  keep  a  careful  record  of  the  names  ^  of 
all  pupils  admitted  with  the  dates  of  their  admission 
and  discharge,  their  age,  postoffice  address,  the  name  of 
their  parents  or  guardians,  the  degree,  cause  and  cir- 
cumstances of  their  deafness  or  blindness. 

All  such  deaf,  dumb  and  blind  pupils  shall  be  ad-char«es- 
mitted  as  above  directed  without  charge  for  board  and 
tuition;  and  when  not  otherwise  provided  with  clothing 
they  shall  be  furnished  by  the  institution  while  they 
are  pupils  in  the  same,  and  the  principal  shall  make  out 
an  account  therefor  in  each  case  against  the  respective 
counties  from  which  said  pupils  are  sent,  in  an  amount 
not  exceeding  forty  dollars  per  annum  for  every 
such  pupil,  which  *  account  shall  be  certified  by 
the  principal  and  countersigned  by  the  secretary,  and 
which  shall  be  transmitted  by  the  principal  to  the  Au- 
ditor of  the  State,  whose  duty  it  shall  be  to  transmit  a 


94 


SCHOOL  LAW  OF  WEST  VIRGINIA. 


Duty  of 
county 
officers . 


Term  of 
pupilage. 


Course  of 
instruction. 


Assessors' 
registration 


copy  of  the  same  to  the  clerks  of  the  county  courts  of 
the  respective  counties  against  which  they  are;  and  the 
county  court  of  such  counties  shall  thereupon  at  their 
next  sessions,  respectively,  thereafter  beH  for  the  pur- 
pose of  making  a  county  levy,  inrl'ide  in  such  levy  the 
amount  of  said  account*  against  their  counti«s,  respect- 
ively, and  cause  an  order  to  issue  on  the  sheriff  of  the 
county  in  favor  of  the  Auditor  of  the  kState,  and  cause 
the  same  to  be  transmitted  by  the  cl^rk  of  said  court  to 
the  Auditor,  wh°se  dutv  it  >hall  be  to  collect  the  same 
and  place  it  to  the  credit  of  Ihe  institution,  to  be  drawn 
out  upon  requisition  as  a  part  of  the  current  expenses 
of  said  schools.  If  the  same  is  not  paid  to  the  Auditor 
by  the  respective  counties  from  which  they  are  due  in 
a  reasonable  time,  it  shall  be  the  duty  o^  the  Auditor  to 
collect  the  same  by  law. 

The  term  of  pupilage  shall  be  five  yars  at  least,  pnd 
for  so  much  longer  term  as  in  the  discretion  of  the 
board  and  principal  their  condition  and  progress  would 
seem  to  justify.  After  all  the  applicants  between  thtj 
prescribed  ages  of  eight  and  twety  five  yea-  s  have  been 
admitted,  if  there  is  still  room,  the  principal  may  ad- 
mit other  deaf  and  dumb  and  blind  persons  upon  appli- 
cation who  may  be  of  suitaMe  age  to  receive  any  ad- 
vantage of  the  institution,  and  upon  such  terms  as  the 
board  may  pres^r'be;  but  it  shall  be  distinctly  un(1e'  - 
stood  that  such  persons  shall  withdraw  fr*  m  the  inst'tu- 
tion  in  the  order  i»f  the  dates  of  their  admission  to  make 
room  for  new  applicants  between  the  ages  herein 
already  prescribed. 

X.  The  course  of  instruction  in  the  institution  shall 
be  prescribed  by  the  board  of  regents  with  the  advice 
of  the  principal,  and  shall  be  as  extensive  both  in  the 
intellectual,  musical  and  mechanical  departments,  as  the 
capacities  and  interests  of  the  pupils  may  require. 

XL  In  addition  to  their  other  duties  the  assessors  of 
the  State  are  hereby  required  to  register  in  a  book,  to 
be  furnished  them  by  the  Auditor  for  the  purpose,  the 
name  of  all  the  deaf  and  the  blind  persons  in  their 
respective  districts,  with  the  degree  and  cause  of  deaf- 
ness and  blindness  in  each  case  as  far  as  can  be  ascer- 
tained from  the  heads  of  families,  or  from  other  persons 
whom  the  assessors  may  conveniently  consult,  their  ages, 
the  names  of  their  parents  or  guardians,  their  post-office 
address,  and  such  other  circumstances  as  may  constitute 
useful  statistical  information  in  making  the  said  institu- 
tion promptly  efficient  in  ameliorating" the  condition  of 
the  deaf  and  the  blind  by  education.  They  shall  com- 
plete the  registration  as  early  as  possible,  in  the  first 
annual  assessment  after  the  passage  of  this  act,  and  shall 


SCHOOL  LAW  OF  WEST  VIRGINIA. 


95 


forward  their  report  directly  to  the  auditor,  who  shall  if 
practicable  before  the  first  day  of  July,  or  as  soon  there- 
after as  possible,  make  an  alphabetical  abstract  of  all 
the  facts  furnished  him   by  the  assessors'  reports    and 
shall  send  the  same  by  mail  to  the  principal  of  the  West 
Virginia  schools  for  the  deaf  and  the  blind,  and  said 
principal  is  hereby  further  required  to  put  himself  in 
immediate  correspondence  with  all  the  deaf  and  blind  Principal  to 
persons,  of  suitable  aore  and  condition,  mentioned  in  the  °cuh'8pond 
auditor's  abstract,    with  a  view  to  their  admission  as""™^ 
pupils  info  the  West  Virginia  schools  for  the  deaf  and  g?t!8timUon 
the  band. 

The  assessors  shall  receive  for  the  extra  duties 
hereby  imposed,  the  same  compensation  as  is  now  allow- 
ed them  for  the  registration  of  births  and  deaths,  and 
shall  be  liable  to  the  same  penalties  for  failure  to  dis- 
charge these  duties.] 

THE   WEST   VIRGINIA   COLORED   INSTITUTE. 

9S&.  An  act  accepting  the  provisions  of  the  act  of  Con- 
gress, approved  August  thirtieth,  eighteen  hundred  and 
ninety,  entitled  "An  act  to  apply  a  "portion  of  the  pro- 
ceeds of  the  public  lands  to  the  more  complete  endow- 
ment and  support  of  the  colleges  for  the  benefit  of  agri- 
culture and  the  mechanic  arts,  established  under  !he 
provisions  of  an  act  of  Congress,  approved  July  second, 
eighteen  hundred  and  sixty-two,"  and  providing  for  the 
apportionment  of  said  endowment  according  to  the  pro- 
visions of  said  act. 

WHEREAS,  The  Congress  of  the  United  States  of 
America,  by  an  act  approved  August  thirtieth,  eighteen 
hundred  and  ninety,  entitled,  u An  act  to  apply  a  portion 
of  the  proceeds  of  the  public  lands  to  the  more  complete 
endowment  and  support  of  the  colleges  for  the  benefit 
of  agriculture  and  the  mechanic  arts,  established  under 
the  provisions  of  an  act  of  Congress  approved  July  sec- 
ond, eighteen  hundred  and  sixty-two,"  made  an  appro- 
priation to  each  state  and  territory  of  fifteen  thousand 
dollars  for  the  year  ending  June  thirtieth,  eighteen  hun- 
dred and  ninety;  and  an  annual  increase  of  said  appro- 
priation thereafter  for  ten  years  by  the  additional  sum 
of  one  thousand  dollars  over  the  preceding  year,  after 
which  time  the  annual  amount  so  appropriated  will  be 
twenty-five  thousand  dollars,  for  the  more  complete 
endowment  and  maintenance  of  the  colleges  established 
under  the  act  of  Congress  last  aforesaid,  4  'to  be  applied 
only  to  instruction  in  agriculture,  the  mechanic  arts,  the 
English  language,  and  the  various  branches  of  mathe- 
matical, physical,  natural  and  economic  science,  with 


96  SCHOOL  LAW  OF  WEST  VIRGINIA. 

special  reference  to  their  application  in  the  industries 
of  life;  and  to  the  facilities  for  such  instruction,"  and 

WHEREAS,  By  a  proviso  in  said  act  no  State  can  ob- 
tain the  benefits  thereof,  where  facilities  are  not  pro- 
vided for  the  instruction  of  colored  students  in  said 
branches  of  study,  either  in  the  same  institution  or  in 
separate  institutions,  and  the  legislatures  of  the  several 
states  are  required  to  make  an  equitable  division  of  said 
annual  appropriation  where  such  separate  institutions 
are  provided,  and  report  the  same  to  the  Secretary  of 
the  Interior,  and 

WHEREAS,  The  Constitution  of  the  State  of  West 
Virginia  forbids  the  education  of  white  and  colored 
youths  in  the  same  State  schools,  and  this  State  having 
heretofore  made  no  provision  for  the  separate  education 
of  colored  youth  in  agricultural  and  the  mechanic  arts; 
and  the  enumeration  of  the  white  and  colored  youths  of 
this  State,  of  school  age,  being  about  '250,000  white  and 
12,000  colored,  it  being  the  duty  of  this  State  to  indi- 
cate a  reasonable  proportion  of  said  appropriations  to 
be  set  apart  annually  for  the  instruction  of  the  colored 
youth  of  the  State,  the  sum  of  $3,000  is  hereby  indicat- 
ed as  an  equitable  portion  of  said  appropriations  for  five 
years  from  the  date  of  the  passage  of  this  act,  and  after 
that  time  $5,000  as  long  as  such  appropriation  con- 
tinues; and 

WHEREAS,  By  the  terms  of  the  said  act  of  Congress 
of  the  United  States,  approved  August  thirtieth, 
eighteen  hundred  and  ninety,  it  is  necessary,  in  order  to 
enable  this  State  to  share  in  the  appropriations  so  made 
and  to  be  made  under  the  provisions  of  said  last  recited 
act,  for  the  legislature  to  accept  of  the  provisions  of 
said  act  for  and  on  behalf  of  this  State,  and  to  make 
proper  and  suitable  provisions  for  said  act  upon  which 
this  State  will  be  entitled  to  her  distributable  share  of 
said  appropriations,  and  to  designate  the  institutions  of 
learning  to  become  the  beneficiaries  of  said  appropria- 
tions, and  the  officer  of  this  State  to  whom  the  money 
shall  be  paid  by  the  United  States  for  the  use  of  said 
beneficiaries.  Therefore, 
Be  it  enacted  by  the  Legislature  of  West  Virginia: 

I.  The  Legislature  of  the   State  of  West  Virginia 

congressional  hereby  accepts  for  said  State,  the  terms  and  provisions 

grant.  of  the  said  act  of  the  Congress  of  the  United  States 

approved    August     thirtieth,    eighteen     hundred  and 

ninety,   for  the  objects  and  purposes  mentioned  and 

declared  therein,   and  designates  "The  West  Virginia 

University,"  established  in  pursuance  of  the  Act  of 

the  Congress  of  the  United  States  passed  July  2,  1862, 

and  a  subsequent  act  passed  by  said  Congress  on  April 


SCHOOL  LAW  OF  WEST  VIEGINIA.  97 

19,  1864,  at  Mor<yantown,  in  the  county  of  Monongalia 
in  this  State,  as  the  beneficiary  of  said  appropriation  for 
the  instruction  of  white  students,  and  an  institution  to 
be  located  and  provided  for  the  purpose  as  hereinafter 
required  and  directed  in  the  county  of  Kanawha,  to  be 
called  "The  West  Virginia  Colored  Institute,"  for  the 
beneficiary  of  said  appropriation  for  the  instruction  of 
colored  students  to  be  paid  to  each  in  the  proportion 
mentioned  in  the  preamble  to  this  act.  And  the  said 
institution  by  the  name  of  "The  West  Virginia  Colored 
Institute,"  shall  have  and  hold  all  the  property,  funds, 
rights,  powers  and  privileges  hereinafter  mentioned. 

II.  For  the  government  and  control  of  said  institute Regenfcs- 
there  shall  be  a   board  of    regents  consisting  of   five 
competent,  intelligent  and  discreet  persons,  not  more 

than  three  of  whom  shall  belong  to  the  same  political 
party,  appointed,  from  time  to  time  as  occasion  may 
require,  by  the  Governor,  to  be  called  the  "Regents  of 
of  the  West  Virginia  Colored  Institute, "  and  as  such 
board  they  may  sue  and  be  sued,  plead  and  be  im- 
pleaded,  and  have  a  common  seal.  They  shall  have 
care,  custody  and  control  of  the  property  and  funds  of 
the  institute,  and  may  accept  from  any  person  or  per- 
sons, gifts  of  money,  or  property,  for  the  use  of  said 
institute,  and  all  such  money  and  property  when  so 
received  by  them  shall  be  held  in  trust  by  them  for  the 
use  and  benefit  of  the  institute,  and  applied  thereto  as 
the  donors  may  have  directed,  and  if  no  such  direction 
have  been  given,  as  a  majority  of  the  regents  may 
determine. 

III.  The  board  of  regents  shall  from  time  to  time  estab-  Regemts  to^ 
lish  such  departments  of  education  in  literature,  science,  depLtments. 
art    and    agriculture,   not  inconsistent  with  the  terms 

of  the  several  acts  of  Congress  hereinbefore  referred  to 
as  they  deem  expedient,  and  as  the  funds  under  their 
control  will  warrant,  and  purchase  such  materials,  im- 
plements, and  apparatus  as  may  be  requisite  to  the 
proper  instruction  of  said  colored  students  in  all  said 
branches  of  learning  as  to  carry  out  the  intent  and  pur- 
poses of  said  acts  of  Congress. 

IV.  The  said  board  shall  establish  and  declare  such 
rules,  regulations  and  by-laws,  not  inconsistent  with  the 
laws  of  the  United  States  or  of  this  State,  as  they   may 
deem  necessary  for  the  proper  organization,  the  tuition 
of  the  students  and  the  good  government  of  the  insti- 
tute,  and   the   protection   of    the  property  belonging 
thereto.     All  reasonable  expenses  incurred  by  said  re- 
gents in  the  discharge  of  their  duties  hereby  imposed 
upon  them  shall  be  allowed  by  the  Governor  and  paid 


98  SCHOOL  LAW  OF  WEST  VIRGINIA. 

out  of  the  treasury  of  the  State,  in  like  manner  as  other 
charges  on  the  treasury  are  paid. 

nreretJrecSve  ^'  ^e  Treasurer  of  this  State  is  hereby  designated 
grants3.™0  ve  as  the  officer  to  receive  from  the  Secretary  of  the  Treas- 
ury of  the  United  States  the  said  several  sims  of  money 
so  to  be  paid  to  this  State  aforesaid,  for  the  uses  and 
purposes  aforesaid.  He  shall  keep  an  exact  account  of 
the  moneys  so  received,  and  shall  place  to  the  credit  of 
each  of  said  benificiaries  thereof,  its  due  proportion  of 
the  same.  The  sums  so  placed  to  the  credit  of  the  West 
Virginia  University  shall  be  paid  out  by  him  on  the  or- 
ders^ of  the  board  of  regents  thereof,  and  the  sums  so 
placed  to  the  credit  of  the  West  Virginia  Colored  Insti- 
tute, shall  be  paid  out  by  him  on  the  orders  of  the  board 
of  regents  of  said  institute.  And  said  treasurer  shall 
include  in  his  biennial  report  to  the  Governor  a  state- 
ment of  his  receipts  and  disbursements  un'ler  the  pro- 
visions of  this  act. 

site  ana  VI.  It  shall  be  the  duty  of  the  board  of  the  school 

buildings.  funcj  to  proceed  with  all  reasonable  dispatch  to  procure 
the  necessary  quantity  of  farming  land  not  exceeding 
fifty  acres  in  all  in  some  suitable  and  proper  locality  in 
the  county  of  Kanawha,  with  a  title  thereto  clear  and 
unquestionable,  and  to  erect  the  necessary  buildings  and 
make  the  necessary  improvements  thereon,  for  the  pur- 
poses of  this  act,  and  to  comply  in  good  faith  with  the 
terms  and  conditions,  and  to  carry  into  effect  the  objects 
and  purposes  of  the  acts  of  Congress  in  making  said 
appropriations. 

Ten  thousand  V^  And  ™  order  to  enable  said  board  to  perform 
dollar*  to  the  duties  required  of  them  by  this  act,  the  sum  of  ten 
tSis  a°t?  thousand  dollars  is  hereby  appropropriated  and  placed 
at  their  disposal,  payable  out  of  any  money  in  the  treas- 
ury not  otherwise  appropriated:  Provided,  That  said 
board  may  in  their  discretion  borrow  the  said  sum  of 
ten  thousand  dollars  from  the  "school  fund"  mentioned 
in  section  4  of  article  XII  of  the  Constitution  of  this 
State,  at  six  per  cent,  interest  per  annum,  and  execute  the 
bonds  of  the  State  therefor,  payable  with  interest  as 
aforesaid,  not  more  than-ten  years  from  the  date  thereof. 

WEST  VIRGINIA  REFORM  SCHOOL. 

Reform  [98c.  I.  An  institution  to  be  called   "The   West  Vir- 

ginia  Reform  School,"  is  hereby  established,  and  shall 
hereafter  be  carried  on  in  a  suitable  building  or  build- 
ings for  the  purpose,  to  be  erected  by  the  State  at  such 
locality  as  may  be  selected  in  accordance  with  this  act. 
This  institution  shall  be  under  the  control  of  a  board  of 
directors  hereinafter  provided  for. 


SCHOOL  LAW  OF  WEST  VIRGINIA.  99 

II.  The  board  of  directors  shall  be  composed  of  six 
members,    and  not  more  than  four  of  them'  of  the  same 
political  party. 

The  Governor  shall,  on  the  tenth  day  of  March,  eighteen 
hundred  and  ninety-seven,  or  as  soon  th<>reaf*er  as  con- 
venient, nominate  and  by  and  with  the  advice  and  con- 
sent of  the  Senate,  appoint  said  six  directors  for  said 
school,  whose  term  of  office  shall  commence  on  the  first 
day  of  June,  one  thousand  eight  hundred  and  ninety- 
seven.  Said  directors  shall  be  divided  into  three  classes 
of  equal  numbers,  and  not  more  than  one  director  shall 
be  appointed  from  any  one  county.  The  term  of  office 
of  the  first  class  shall  be  two  years,  of  the  second  class 
four  years,  and  of  the  third  class  six  years. 

On  the  tenth  day  of  March,  one  thousand  eight  hun-  when 
dred  and  ninety-nine,  or  as  soon  thereafter  as  conven-aPP°lnted- 
ient,  and  every"second  year  thereafter  the  Governor  shall 
nominate,  and  by  and  with  the  advice  and  consent  of  the 
Senate,  appoint  two  directors  for  said  school,  in  place 
of  the  class  whose  term  expires  in  said  year.     And  the 
term  of  said  directors  shall  commence  on  the  first  day  of 
April  in  the  year  of  their  appointment  and  continue  six 
years. 

The  Governor  may,  in  like  manner,  fill  any  vacancy 
that  may  occur  in  the  board,  and  any  one  appointed  a  Vacai 
director  by  him  during  the  recess  of  the  Senate,  shall 
hold  office  until  the  next  session  of  the  Senate  there- 
after. 

III.  The  board  of  directors  shall  biennially  choose  one 

of  their  body  to  be  president  of  the  board,   and  in  his  Presidejlt- 
absence  shall  choose  a  president  pro  tempore.     A  major- 
ity of  the  board  shall  constitute  a  quorum,  but  the  board  Quorum, 
may  in  its  discretion  designate  business,  of  a  nature  by 
it  to  be  specified,  which  may  be  transacted  by  a  stated 
number  of  directors  less  than  a  quorum. 

IV.  Th<i  board  of  directors  shall  make  such  by-laws,  Rules  and 
ordinances,  rules  and  regulations  relative  to  the  manage-  regulations, 
ment,   government,  instrtruction,  discipline,  training, 
employment  and  disposition  of  the  minors  in  the  reform 
school,  not  contrary  t^  law,  as  they  may  deem  proper, 

and  shall  appoint  such  officers,  agents  and  servants  as 
th$y  may  deem  necessary  to  transact  the  business  and 
carry  on  the  operation  of  said  reform  school,  and  may 
designate  their  duties. 

V.  The  bonrd  of  directors  shall  make  au  annual  re- 
port  to  the  Governor  of  all  the<r  transact;ons,  of  the 
number  of  minors  received  by  them  into  said  reform 
school,   the  disposition  which  shall  be  made  of  such 
minors,  by  instructing  or  employing  them  therein  or  by 
binding  them  out  as  apprentices;  the  receipts  and  ex- 


100 


SCHOOL  LAW  OF  WEST  VIRGINIA. 


penditures  of  said  board  of  directors,  and  generally  all 
such  facts  and  particulars  as  may  tend  to  exhibit  the 
effect,  whether  beneficial  or  otherwise,  of  said  reform 
school. 

Manner  of  VI.  The  manner  of  receiving  inmates  into  the  West 

'  Virginia  Reform  School  shall  be  in  either  of  the  follow- 
ing modes,  namely: 

First.  Male  minors  under  the  age  of  sixteen  years 
may  be  committed  by  a  justice  of  the  peace  of  any  of 
the  counties  in  the  State,  on  complaint  and  due  proof 
made  to  him  by  the  parent,  guardian  or  next  friend  of 
such  minor,  that  by  reason  of  incorrigible  or  vicious 
conduct,  such  minor  has  rendered  his  control  beyond  the 
power  of  such  parent,  guardian  or  next  friend,  and 
made  it  manifestly  requisite  that  from  regard  for  the 
morals  and  future  welfare  of  such  minor  and  the  peace 
and  order  of  society,  he  should  be  placed  in  the  West 
Virginia  Reform  School. 

Second.  Male  minors  under  the  age  of  sixteen  years 
may  be  committed  by  the  authority  aforesaid,  when 
complaint  and  due  proof  have  been  made  that  such 
minor  is  a  proper  subject  for  said  reform  school  by 
reason  of  vagrancy  or  of  incorrigible  or  vicious  conduct, 
and  that  from  the  moral  depravity  or  otherwise  of  the 
parent,  guardian  or  next  friend,  in  whose  custody  such 
minor  may  be,  such  parent,  guardian  or  next  friend  is 
incapable  or  unwilling  to  exercise  proper  care  and  dis- 
cipline over  such  incorrigible  or  vicious  minor. 

Third.  Such  male  minors  under  the  age  of  sixteen 
years  as  their  parents,  guardian  or  next  friend  may 
desire  to  place  therein  for  temporary  restraint  and  dis- 
cipline, where  parents,  guardian  or  next  friend  shall 
agree  and  contract  with  the  board  of  directors  for  their 
support  and  maintenance. 

And  fourth.  Male  minors  committed  by  the  several 
courts  of  the  State,  as  provided  by  section  7  of  this 
chapter. 

VII.  Whenever  any  male  minor,  under  the  age  of  six- 
teen years,  shall  be  convicted  in  any  of  the  courts  of 
this  State  of  a  felony  or  of  a  misdemeanor,  punishable 
by  imprisonment,  the  judge  of  said  court  in  his  discre- 
tion, and  with  reference  to  the  character  of  the  reform 
school  as  a  place  of  reform  and  not  of  punishment, 
instead  of  sentencing  said  minor  to  be  confined  in  the 
penitentiary  or  county  jail,  may  order  him  to  be  re- 
moved to  and  confined  in  the  said  reform  school,  to  remain 
until  he  shall  have  arrived  at  the  age  of  twenty-one 
years,  unless  sooner  discharged  or  bound  as  an  appren- 
tice by  the  board  of  directors;  but  no  such  boy  shall  be 
retained  in  said  school  after  the  superintendent  shall 


Male  minors 
committed. 


SCHOOL  LAW  OF  WEST  VIRGINIA.  101 

have  reported  him,  and  he  has  been  found  by  the  board 
or  its  executive  committee,  to  be  fully  reformed.  Male 
minors  under  sixteen  years  of  age,  convicted  in  any  of  the 
courts  of  the  United  States  for  the  district  of  West  Vir- 
ginia, or  of  any  offense  punishable  by  imprisonment,  may 
also  be  received  into  said  reform  school  upon  such  regu- 
lations, and  such  terms  as  to  their  maintenance  and  sup- 
port, as  may  be  prescribed  by  the  board  of  directors, 
and  assented  to  by  the  proper  authorities  of  the  United 
States.  And  in  all  cases,  before  any  minor  is  trans- 
ferred to  said  reform  school,  due  notice  shall  be  given 
to  the  superintendent  and  an  answer  received  from  him 
that  there  is  room  in  the  reform  school  for  such  minor. 

VIII.  It  shall  be  the  duty  of  the  justice  of  the  peace  Data  to  be 
when  committing  a  minor  to  said  reform  school  under  annexed  to 
the  first  and  second  clauses  of  section  six  of  this  chap- c 

ter,  in  addition  to  the  commitment,  to  annex  to  said 
commitment  the  names  and  residences  of  the  different 
witnesses  examined  before  him,  and  the  substance  of 
the  testimony  criven  by  them  respectively,  on  which  the 
adjudication  was  found. 

IX.  In  all  proceedings  before  justices  of  the  peace  for  Gu*rdian  ad 
commitment  of  minors  to  the  said  reform  school  under liten- 

the  first  and  second  clauses  of  section  six  of  this  chap- 
ter, the  justice  shall  appoint  some  discreet  and  disinter- 
ested person  guardian  ad  litem  for  such  minor,  whose 
duty  it  shall  be  to  represent  the  interest  of  said  minor 
and  see  that  no  injustice  is  done  him;  and  the  guardian 
ad  litem  of  said  minor  shall  have  the  right  to  demand  a 
jury  of  twelve  men  to  try  the  truth  of  the  charges 
made  against  said  minor,  and  said  jury  shall  be  selected 
and  said  trial  shall  be  conducted  in  the  same  manner  as 
is  provided  by  law  for  the  trial  of  criminal  cases  before 
justices  by  juries.  And  said  guardian  ad  litem  or  said 
minor  shall'  have  the  same  right  of  appeal  from  any 
final  decision  rendered  against  said  minor  in  any  such 
proceedings,  whether  upon  a  trial  by  jury  or  otherwise, 
as  is  allowed  by  law  in  other  criminal  cases  tried  before 
justices. 

X.  The  West  Virginia  Reform  School  shall  be  exclu- Male  inmates 
sively  charged  with  the  reformation  and  care  of  male OD 
minors,  but  white  and  colored  inmates  shall  be  kept  sep- 
arate. 

XL  The  boa^d  of  directors  shall  have  power  to  pind  Children  may 
out  male  children  committed  to  their  care,  with  the  con-  Jj  ap-UH' 
sent  of  s^ch  children,  as  apprentices  during  thfir  minor-  prentices, 
ity  to  such  person  and  place,  whether  in  or  out  of  the 
St-ite,  and  to  learn  some  proper  trade  and  employment 
as  in  the  judgment  of  said  board  will  be  most  conducive 
to  the  reformation  and  future  benefit  and  advantage  of 


102  SCHOOL  LAW  OF  WEST  VIRGINIA. 

such  children,  and  the  indentures  by  which  said  children 
shall  be  bound,  shall  contain  the  covenants  and  provis- 
ions prescribed  by  chapter  eighty- one  of  the  Code  of 
West  Virginia,  relating  to  master  and  apprentices,  and 
all  the  provisions  of  said  chapter  shall  apply  to  appren- 
tices bound  under  tMs  section,  so  far  as  applicable, 
commission  XII.  A  commission  consisting  of  the  State  Superin- 
to  select  site.  ^endent  of  pree  Schools,  and  one  number  from  each 
Congressional  district  of  the  State  to  be  appointed  by 
the  Governor,  shall  within  four  months  after  this  act 
becomes  in  force  as  a  law,  seleci;  su  >h  locality  as  it  may 
deem  best  as  the  site  for  the  West  Virginia  Reform 
School,  and  procure  a  good  title  to  such  site,  and  report 
their  action  to  the  Governor  as  som  as  such  se- 
lection is  made  and  the  title  procured.  And  as  soon  as 
practicable  after  said  report  is  made  to  the  Governor, 
the  "board  of  directors"  herein  provided  for,  shall  con- 
tract for  and  cause  to  be  constructed  on  the  siid  site, 
such  building  or  buildings  as  may  be  needed  in  carrying 
out  the  provisions  of  this  act.  Provided,  That  the  sum 
to  be  expended  for  said  site  and  for  constructing  sa'd 
building,  shall  at  no  time  exceed  the  appropriation  for 
said  purpose. 

Appropriation  XHI.  The  sum  of  five  thousand  dollars  to  be  paid 
iuriiB<iinaBnd  out  °^  tne  State  fund  for  the  fiscal  year  ending  Septem- 
ber 30,  1889,  and  five  thousand  dollars  to  be  paid  out  of 
the  State  fund  for  the  fiscal  year  ending  September  30, 
1890,  is  hereby  appropriated  out  of  any  money  in  the 
treasury  not  otherwise  appropriated  to  be  used  in  pro- 
curing said  site  for  said  Reform  School,  and  in  provid- 
ing suitable  buildings  and  accommodations  for  the  same, 
and  in  carrying  on  said  Reform  School  when  establish- 
ed; and  the  reasonable  expenses  of  the  commissioners 
herein  provided  for,  selecting  a  site  for  the  said  Reform 
School,  shall  be  allowed  and  paid  out  of  said  money 
hereby  appropriated. 

BO  store-          XIV.  Every   ooy   sent  to  the   reform   school   shall 

main  until  of  remain  until  he  is  twenty-one  years  of  age,  unless  sooner 

age*  discharged,  or  bound  as  an  apprentice  by  the  board  of 

directors;  but  no  boy  shall  be  retained  after  he  has  been 

reported  by  the  superintendent  and  found  by  the  board 

or  executive  committee  to  be  fully  reformed. 

Esca  in  'X-'V-  If  any  person  shall  entice  or  attempt  to  entice 

boys^be       away  from  the  reform  school  any  boy  legally  committed 
returned,  &c.  ^  ^e  Sam65  or  snan  aid  or  a]3et  any  boy  to  escape  from 

said  reform  school,  or  shall  harbor,  conceal,  or  aid  in 
harboring  or  concealing  any  boy  who  shall  have  escaped 
therefrom,  such  person  shall  be  deemed  guilty  of  a  mis- 
demeanor, and,  upon  conviction  thereof,  shall  be  fined 
not  less  than  ten  nor  more  than  one  hundred  dollars; 


SCHOOL  LAWLOF  WEST  VIRGINIA.  103 

and  the  superintendent  or  any  of  his  assistants,  or  anv 
one  authorized  in  writing  by  him,  or  any  sheriff  con- 
stable, policeman  or  other  peace  officer,  shall  have 
power,  and  it  is  hereby  made  his  duty,  to  arrest  any  boy 
when  in  his  power  to  do  so,  who  shall  have  escaped  from 
said  school  and  return  him  thereto. 

XVI.  Justices  and  constables  and  juries  shall  have  Fees  and 
tne  same  lees  in  the  proceedings  for  the  commitment  of  char«es- 
boys  to  the  reform  school  as  are  allowed  by  law  for 
similar  services  in  other  criminal  cases,  and  such  fees 
shall  be  audited  by  the  county  court  of  the  county,  and 
paid  out  of  the  county  treasury.  For  transporting  a 
boy  to  the  reform  school  the  officer  having  him  in  charge 
shall  be  allowed  five  cents  for  each  mile  of  necessary 
travel,  either  in  going  or  returning;  and  said  costs 'of 
transportation  in  case  the  boy  has  been  convicted  of  a 
felony  shall  be  paid  out  of  the  State  treasury  in  the  same 
manner  that  other  criminal  charges  are  paid  out  of  said 
treasury;  and  in  case  the  boy  has  been  convicted  of  a 
misdemeanor,  or  been  committed  by  a  justice,  said  costs 
of  transportation  shall  be  paid  out  of  the  treasury  of  the 
county,  from  which  said  boy  is  committed,  in  the  same 
manner  as  other  criminal  charges  are  paid  out  of  the 
treasuries  of  the  counties. 

PREPARATORY  BRANCH  OF  THE  W7EST  VIRGINIA  UNIVERSITY 
AT  MONTGOMERY,  FAYETTE  COUNTY. 

Be  it  enacted  by  the  Legislature  of  West  Virginia. 

1.  There  shall  be  established  a  school  at  Montgomery,  Name 
in  the  county  of  Fayette,  to  be  called  the  Preparatory 
Branch  of  the   West  Virginia   University,    by  which 
name  it  shall  have  and  hold  all  the  property,  funds,  in- 
vestments, rights,  powers  and  privileges  granted  by  this 
act,    by  bequest,    private  subscriptions,    donation    or 
otherwise. 

2.  It  being  estimated  that  the  sum  of  ten  thousand  A    ro  rla_ 
dollars  will  be  needed  for  the  purpose  of  the  erection  of  tionf°p 
suitable  buildings  and  the   purchase  of  a  site  for   said 
school,  therefore  the  sum  of  five  thousand  dollars  pay- 
able out  of  the  revenues  of  this  fiscal  year,  one  thousand 

eight  hundred  and  ninety -five,  is  hereby  appropriated 
out  of  any  money  in  the  treasury,  to  be  expended  under 
the  directions  of  the  board  of  regents  of  said  school  for 
said  purpose. 

For  the  government  and  control  of  said  school  there  Regents, 
shall  be  a  board  of  regents  consisting  of  the  state  super- 
intendent cf  free  schools  and  the  the  members  of  the 
board  of  regents  of  the  West  Virginia  University.     As 


104: 


SCHOOL  LAW  OF  WEST  VIRGINIA. 


Powers  of 
Regents. 


Board  to  let 
contract* 


Prope*  ty 
rested  in 
Board. 


Branches 
taught. 


Teachers. 


Tuition 


such  they  may  sue  and  be  sued,  plead  and  be  impleaded, 
contract  and  be  contracted  with  and  have  a  common  seal. 

3.  Said  board  shall  have  all  the  powers  to  act  and 
shall  act  and  be  controlled  according  to  and   under  the 
laws  of  chapter  forty-five  of  the  code  of  West  Virginia, 
governing  the  board  of  regents  of  the  West  Virginia 
University,  except  as  herein  limited  by  this  act. 

4.  Said  board  of  regents  shall  as  soon  as  this  act  takes 
effect,  let  to  contract  and  provide  for  the  erection    of 
suitable  buildings  upon  the  site   selected  and   furnished 
for  said  school  by  the  citizens  of  the  town   of  Mont- 
gomery, Fayette  county.     Said  bufldings   to  be   com- 
pleted and  said  school  opened  not  later  than  the  first  day 
of  September,  one  thousand  eight  hundred  and  ninety- 
six.    "Said  board  shall  provide  suitable  books,  furniture 
and  apparatus  necessary  for  the  successful  operation  of 
said  school,  all  of  which  shall  be  paid  for  as  herein 
provided. 

5.  That  the  property  in  all  grounds,   buildings  and 
improvements  erected  under  the  provisions  of  this  act, 
shall  be  vested  in  the  board  of  regents  of  said  school,  to 
be  used  and  controlled,  as  in  like  manner,  is  the  prop- 
erty of  the  West  Virginia  University  used  and  controlled 
by  its  said  board  of  regents. 

6.  There  shall  be  taught  in  said  school  such  branches 
of  learning  as  are  taught  in  the  preparatory  department 
of  the  West  Virginia  University  and  in   the  normal 
schools  of  this  State;  but  no  student  shall  receive  in 
structions  free  of  tuition  in  any  of  the  branches  herein 
designated,  except  as  to  such  as  are  taught  free  in  the 
preparatory  department  of  the  University  of  West  Vir- 
ginia. 

7.  It  shall  be  the  duty  of  the  said  board  of  regents  to 
employ  and  fix  the  salaries  of  a  sufficient  and  competent 
corps  of  teachers  and  other  necessary  officers.     Said 
teachers  and  officers  to  be  paid  as  is  provided  by  law 
for  the  payment  of  teachers  and  officers  of  the   West 
Virginia  University. 

8.  All  students  of  this  or  other   States  desiring  to 
take  other  branches  of  study  than  those  designated  in 
said  preparatory  courses  or  take  other   course  of  study 
in  said  school  shall  pay  such  tuition  as  shall  be  herein- 
after fixed  by  the  faculty  of  said  school. 

9.  All  money  arising  from  tuition,  matriculation  fees 
or  otherwise  coming  into  the  hands  of  the  treasurer  of 
said  school  shall  be  used  and  applied  to  the  payment  of 
the  teachers'  salaries  and  other  liabilities  of  said  school. 


SCHOOL  LAW  OF  WEST  VIRGINIA.  106 

BLUEFIELD  COLORED  INSTITUTE. 

1.  There  shall  be  established  a  school  at  Bluefield,  Name. 
county  of  Mercer,  to  be  called  ''Bluefield  Colored  Insti- 
tute," by  which  name  it  shall  have  and  hold  all  the 
property,  funds,  investments,  rights,  powers  and  privi- 
leges created  by  this  act,  by  bequest,  private  subscrip- 
tion, donation  or  otherwise. 

2.  It  being  estimated  that  the  sum  of  eight  thousand  Appropria- 
dollars  will  be  needed  for  the  purpose  of  the  erection  of tion- 
suitable  buildings,  and  the  purchase  of  a  site  for  said 
school,  therefore  the  sum  of  eight  thousand  dollars  is 
hereby  appropriated  for  said  purpose;  five  thousand 
dollars  of  which  sum  shall  be  payable  out  of  the  reve- 
nues of  this  fiscal  year,  one  thousand  eight  hundred  and 
ninety-five,  and  three  thousand  dollars  out  of  the  reve- 
nues of  the  fiscal  year  of  one  thousand  eight  hundred 

and  ninety- six,  to  be  expended  under  the  direction  of 
the  board  of  regents  to  be  appointed  for  said  school  for 
said  purpose  of  this  act. 

For  the  government  and  control  of  said  school  there  Board  of 
shall  be  a  board  of  regents  consisting  of  the  State  Re^ents- 
Superintendent  of  Free  Schools,  together  with  four  other 
members  of  said  board,  to  be  appointed  by  the  Gov- 
ernor, by  and  with  the  consent  of  the  Senate,  one  each 
from  the  several  Congressional  districts  of  this  State, 
not  more  than  two  of  whom  shall  belong  to  the  same 
political  party,  which  board  shall  be  known  as  the 
"Board  of  Regents  of  the  Bluefield  Colored  Institute," 
and  shall  be  a  corporation,  and  as  such  may  sue  and  be 
sued,  plead  and  be  tmpleaded,  contract  and  be  contracted 
with,  and  have  a  common  seal.  The  said  regents  shall 
be  appointed  by  the  Governor  and  shall  serve  during  his 
pleasure,  and  their  compensation  shall  be  such  a  per 
diem  and  actual  expenses  as  other  similar  boards  of  the 
State, 

3.  Said  boards  shall  have  all  the  powers  to  act,  and  Powers  of 
shall  act  and  be  controlled  according  to  and  under  the 

laws  governing  the  board  of  regents  of  the  normal 
schools  of  this  State,  except  as  here  limited  by  this  act, 

4.  The  said  board  of  regents  shall,  as  soon  as  this  a^tprovigiong  for 
takes  efl'ect,  let  to  contract  and  provide  for  a  suitable  BChooi. 
building  upon  the  site  selected  for  said  school  by  the 

said  board  of  regents,  said  building  to  be  completed  and 
said  school  opened  not  later  than  the  first  day  of  Sep- 
tember, one  thousand  eight  hundred  and  ninety-six. 
Said  board  shall  provide  suitable  books,  furniture  and 
apparatus  necessary  for  the  operation  of  said  school,  all 
of  which  shall  be  paid  for  as  hereinafter  provided. 

5.  That  the  property  and  all  grounds  and  improve- 


106 


SCHOOL  LAW  OF  WEST  VIKGINIA. 


Property. 


Branches  to 
"be  taught. 


Teachers  and 
officers. 


Tuition. 


Foreign  stu- 
dents. 


Money 
collected, 


ments  erected  under  the  provisions  of  this  act,  shall  be 
vested  in  the  board  of  regents  of  said  school,  to  be  used 
and  controlled  in  like  manner  as  the  property  of  the 
normal  school  and  branches  is  used  and  controlled  by  its 
said  board  of  regents. 

6.  There  shall  be  taught  in  said  school  such  branches 
of  learning  as  are  taught  in  the  preparatory  department 
of   the   West  Virginia  University  and  in  the  normal 
schools  of  this  State,  but  no  student  shall  receive  in- 
struction free  of  tuition  in  any  of  the  branches  here 
designated  except  as  provided  in  section  ninety- six  of 
chapter  forty- five  of  the  Code  of  West  Virginia,  and  as 
to  such  as  are  taught  free  in  the  preparatory  depart- 
ment of  the  University  of  West  Virginia. 

7.  It  shall  be  the  duty  of  the  said  board  of  regents  to 
employ  and  fix  the  salaries  of  a  sufficient  and  compe- 
tent corps  of  teachers  and  other  necessary  officers,  such 
teachers  and  officers  to  be  paid  as  is  provided  by  law  for 
the  payment  of    teachers  and  officers  of  the  normal 
schools  of  this  State.     The  said  salaries  to  be  paid  out 
of  any  moneys  in  the  State  treasury  not  otherwise  ap- 
portioned. 

8.  All  students  of  this  State  desiring  to  take  other 
branches  of  studies  than  those  designated  in  said  pre- 
paratory course  or  taking  other  courses  of  study  in 
said  school,  shall  pay  such  tuition  as  shall  hereafter  be 
fixed  by  the  faculty  of  said  school. 

9.  All  students  from  other  states  shall  be  reqired  to 
pay  such  tuition  as  shall  be  designated  by  the  said  board 
of  regents 

10.  All  money  arising  from  tuition,  matriculation  fees 
or  otherwise,  coming  into  the  hands  of  the  treasurer  of 
said  school,  shall  be  used  and  applied  to  the  payment  of 
teachers'  salaries  and  other  liabilities  of  said  school. 


APPENDIX. 


ORDER   OF   PROCEEDINGS   AT   THE    FIRST   ANNUAL  MEETING    OF    THE 
BOARD   AFTER   THEIR   ELECTION. 

[See  Section  8.  ] 


1.  Appoint  a  secreta*  y. 

2.  Appoint  on^  trustee  for  each  sub-district. 

3.  Determine  the  number  of  months  the  schools  shall  be  taught 
in  the  district  during  the  school  year. 

4.  Determine  the  number  of  teachers  that  may  be  employed  in 
the  sub-dist'icts,  allowing  at  least  one  for  each  school  house. 

5.  Fix  the  sala  ies  of  teachers  according  to  the  grade  of  certifi- 
cate 

6.  Ascertain  the  average  salary  of  teachers  per  month. 

7.  Ascertain  the  whole  number  of  months  to  be  taught  in  the 
district. 

8.  Determine  the  aggregate  amount  of  money  necessary  to  pay 
all  the  teachers. 

9.  Ascertain  the  unexpended  balance  of  the  teachers'  fund  in  the 
hands  of  the  sheriff,  due  the  district  from  last  year,  after  paying 
all  salaries  due  teachers  the  preceding  year. 

10.  Ascertain  any  other  moneys  available  to  the  teachers'  fund. 

11.  Deduct  these  amounts  from  the  aggregate  amount  necessary 
to  pay  all  the  teachers. 

12.  Lay  the  district  levy  for  teachers'  fund,  large  enough  to 
cover  this  amount,  making  proper  allowances  for  exonerations, 
delinquencies  and  commissions. 


108  SCHOOL  LAW  OF  WEST  VIRGINIA. 

The  following  examples  will  be  convenient  for  reference  in  mak- 
ing levies  for  school  purposes: 

Number  of  teachers  to  be  employed  in  the  district 20 

Number  of  months  to  be  taught  during  the  year 

Whole  number  of  months  to  be  taught  in  the  district 100 

Average  salary  of  teachers $30 

Amount  of  money  to  pay  all  teachers 13,000 

Deduct  amount  on  hand,  including  apportionment  to  the 

district  from  general  school  fund,  say $1, 100 

Amount  to  be  levied  for  teachers'  fund $1,900 

To  find  the  average  salaries  of  the   teachers,   fix  the  salaries 
according  to  grade,  say : 

For  a  No.  3  certificate $25 

For  a  No.  2  certificate $35 

For  a  No.  1  certificate $4:5 


Divide  by  the  number  of  grades 3)105 

Average  salary  of  teacher  per  month $35 

To  ascertain  the  number  of  cents  to  be  levied  on  every  one  hun- 
dred dollars'  valuation  of  property  in  the  district  to  raise  $1,900 
by  taxation,  suppose  the  whole  valuation  in  the  district  to  be 
$500,000. 

RULE — Drop  the  cents,  if  any,  and  add  four  ciphers  to  the 
amount  in  dollars  to  be  raised  by  the  levy,  and  divide  by  the 
amount  in  dollars  taxable  property. 

Example:     500,000)19,000,000(38  cents. 
15,000,000 

4,000,000 
4,000,000 

Similar  calculations  should  be  made  in  relation  to  the  Building 
Fund.  **  jj 

14.  Determine  the  method  and  enter  it  on  record,  for  calling 
special  meetings  of  the  board  when  necessary. 

FORM  NO.  I. 

FORM  OF  ORDERS  TO  BE  ENTERED  OF  RECORD  BY  THE  BOARD  OF 

EDUCATION. 

OFFICE  OF  THE  BOARD  OF  EDUCATION  OF 

DISTRICT,  IN  THE  COUNTY  OF 

At  a  meeting  of  the  Board  of  Education  held  on  the day  of 

'...:,  18 ..,  there  were  present, president,  and 

and ,  members  of  the  board. 

On  motion  of ,  it  is  ordered  that be,  and  he  is 

hereby  appointed  Secretary  of  this  Board. 


SCHOOL  LAW  OF  WEST  VIRGINIA. 


100 


On  motion,  it  is  ordered  that  the  following  named  persons  be 
appointed  trustees  in  the  following  named  sub-districts,  for  a  term 
of  three  years,  and  until  their  successors  are  appointed  and  qual- 
ified: 


Trustee  for  Sub-District  No.  1. 


Trustee  for   Sub-District  No. 


On  motion  of ,  it  is  ordered  that  the  salaries  of  teachers 

per  month,  for  the  school  year,  shall  be  as  follows,  according  to 
the  grade  of  their  certificate:  For  grade  No.  1,  $....;  for  orade 
No.  >>.  *.  .  .  . ;  for  grade  No.  3,  $. .  . . 

It  is  found  by  the  board  that  in  addition  to  the  available  funds 
now  on  hand,  § ....  will  be  necessary  for  the  payment  of  teachers' 

salaries  for  the  current  year,  and  on  motion  of ,  it  is  ordered 

that  a  tax  of  ....  cents  on  the  one  hundred  dollars'  valuation  of 
the  real  estate  and  personal  property  of  the  district  be  levied  for 
that  purpose. 


(A  similar  order  should  be  entered  in  relation  to  the  levy  for  Build- 
ing Fund.) 

On  motion  of ,  it  is  ordered  that  the  president  and  secre- 

fciry  of  this  board  be  authorized  to  sign,  in  vacation,  all  proper 
orders  for  the  payment  of  money  out  of  the  teachers'  fund  or  the 
buildiDg  fund,  for  the  salaries  of  teachers  employed  and  claims 
allowed  by  the  board,  and  that  they  report  the  orders  drawn  on 
each  fund,  at  the  next  meeting  of  this  board. 

The  secretary  of  this  board  made  a  report  this  day  for  the  sev- 
eral orders  drawn  by  him  and  the  president,  on  the  teachers'  fund 
and  the  building  fund,  respectivey,  since  the  last  meeting  of  the 
board,  as  follows:.  An  order  on  the  teachers'  fund,  in  favor  of 

,  a  teacher,  for  $....;  an  order  in  f a^or  of ,  a  teacher, 

for  *  ;  also  an  order  on  the  building  fund,  in  favor  of . . . . ,  for 
work  done  on  ../...  school  house,  for  §. . . . :  and  an  order,  in  favor 
of for  furnishing  wood  for school  house,  for  $ 

On  motion  of  ,  it  is  ordered  that  when  in  the  opinion  of 

the  president  or  of  the  two  commissioners  it  is  deemed  necessary, 
the  president  or  secretary  may  call  a  special  meeting  of  this  board. 

Oa  motion  the  board  does  now  adjourn. 


President. 
Secretary. 


110  SCHOOL  LAW  OF  WEST  VIRGINIA. 

FOR      NO.  II. 

ORDER  OF  APPOINTMENT  TO  FILL  A  VACANCY  IN  THE  BOARD  OF 

TRUSTEES. 

[To  be  entered  In  records  of  the  board.] 

There  being  a  vacancy  in  the  board  of  trustees  in  sub-district 

no ,  in  the  district  of ,  on  motion  of , 

it  is  ordered  that be,  and  he  is  hereby  appointed  to  fill 

said  vacancy  for  the  unexpired  term,  and  till  his  successor  shall 
be  appointed  and  qualified. 

NOTE— This  order  of  appointment  shonJd  be  entered  in  the  record  book  of  the  board  of 
education  at  a  regular  meeting,  and  a  copy  of  it  signed  by  the  secretary  of  the  board 
served  upon  the  appointee. 

FORM    NO.  III. 

APPOINTMENT  OF  A   MEMBER   OF   THE   BOARD   OF  EDUCATION   TO 

FILL  A  VACANCY. 

OFFICE  OF  COUNTY  SUPERRINTENDENT,      ) 

OF"  THE  COUNTY  OF j 

,  West  Virginia.,    18. . 

It  having  been  made  known  to  me  that  there  is  a  vacancy  in  the 

board  of  education  in district  in  my  said  county,  I 

,  county  superintendent  of  said  county,  in  pursu- 
ance of  the  authority  vested  in  me  by  law,  hereby  appoint 

to  fill  the  vacancy  in  said  board  for  the  unexpired 

term. 

,    County   Superintendent. 

FORM  NO.  IV. 

OATH   OF   OFFICE. 

State  of  West  Virginia,  County  of. . to  wit: 

I, • ,  do  solemnly  swear  (or  affirm)  that  I  will  support 

the  Constitution  of  the  United  States,  and  the  Constitution  of  this 
State,  and  that  I  will  faithfully  discharge  the  duties  of   my   office 

of. to  the  best  of  my  skill  and  judgment.     So  help  me 

God. 

A T* 

.  *.  JLJ  • 

Sworn  to  and  subscribed  before  me, ,  a  justice 

of  the  peace,  the day  of   ,  189 . . 

C D ,  J.  P. 


SCHOOL  LAW  OF  WEST  VIRGINIA. 


Ill 


FORM  NO.  Y. 


FORM  TO  BE  USED  IN  THE  SETTLEMENT  BY  THE  SHERIFF  WITH  THE 

SEVERAL  BOARDS  OF  EDUCATION,  ON  OR  BEFORE  THE 

30TH  DAY  OF  JUNE  IN  EACH  YEAR. 


,  Sheriff  of county,   in  account  with    the 

Teachers'  Fund  of district  for  the  year  ending  June 

30,  189.. 

__ DR. 

$  Cents.  - 

To  balance  due  District  on  settlement  for  the  year  ending  June  80. 189 

To  amount  due  fr  >m  ••^ta'ie  School  Fund  for  the  year  ending  June  80. 189. . . . 
To  amount  levied  on  a  valuation  of  $  —  for  the  year  ending  June  30, 189— 

at cents  on  each  hundred 

To  amount  received  from  other  sources  for  the  year  ending  June 

[Itemize  t^ach  sum  received  from  "other  sources,"  giving  date,  amount 
and  from  whom  icceived.] 

Total  debits 

OR. 

$  Cents, 

By  halancp  due  sheriff  on  settlement  for  the  year  ending  June  30, 189 

By  sundry  school  orders  paid  to  date 

[The  No.,  date,  and  name  of  person  to  whom  each  order  was  drawn, 
with  the  actual  amount  paid  thereon  by  the  officer  presetting  it,  should  be 
given  in  detail.] 
By  commission  at  5  per  cent,  on  net  district  levies. . . 

By  2  per  cent  commission  on  railroad  levy_ 

By  exonerations — (Name  each  person  exonerated,  the  name  and  for  what 

year  the  exoneration  is  made) 

By  delinquent  list  for  the  year  ending  June  30, 189 

Total  credits 

Balance  due  district  (or  sheriff,  as  the  case  may  be) 


FORM  NO.  VI. 


CALL   FOR   SPECIAL   MEETING. 


OFFICE  OF ) 

, DISTRICT,  V 

COUNTY,  W.  VA.  ) 

,18.. 

It  appearing  to that  a  special  meeting  of  the 

board  of  education  of  said  district  is  necessary  to  transact  business 

relating  to and  other  matters,  a  meeting 

is  hereby  called  at   at   ....   o'clock. . . .  M., 

189 . .     You  are  requested  to  be  present. 

, Secretary. 

To  .  


112  SCHOOL  LAW  OF  WEST  VIRGINIA. 

FORM  NO.  VII. 

FOR  TRANSFER. 

DISTRICT,  ) 

COUNTY,  W.  VA.  V 

SUB-DlSTRICT,    NO    ) 

.  . ,189.. 

It  appearing  to  the  undersigned,  trustees  of   ....    sub-district 

that ,  children  of   of 

sub- district  are  so  situated  as  to  be  better  accommodated  in 

sub-district  no , district, County,  W.  Va., 

this  is  to  certify  that  said  trustees  have  this  day,  as  required  by 
law,  transferred  them  to  that  district.  This  transfer  is  to  com- 
mence on  the  ....  day  of  ...  ,  189 . . ,  and  continue  in 

force months. 

To  the  Trustees  of  Suh- ) ) 

Dut.  No . .  of*  -  •  •  Dist. ,  > >•  Trustees. 

County,   W.  Va.    } J 

On  the  reverse  of  the  transfer  (Form  VII)  the  following  en- 
dorsement may  be  made: 

Transfer  of scholars  from  sub-district  no . .  . . ,  Dis- 
trict,   County,  to  sub-district  no . .  .  . ,  District,  .... 

County,  W.  Va. 

We,  the  trustees  of  the  last  named  sub-district,  this  day 

*accept  the  within  transfer  in  accordance  with  sec.  12  school  law, 
,  .' 189.... 

""\T      i 

>  1  rustees. 


*Or  refuse  to  accept. 

NOTE — Trnstees  accepting  transfers  from  other  districts  should  transmit  them  to  their 
board  of  education,  there  to  be  k^pt  on  file  tor  the  information  of  the  board  in  making 
settlements  for  the  amount  due  for  the  transferred  pupils 

Trustees  making  transfers  should  furnish  their  board  with  information  of  all  transfers 
made  by  them,  to  enable  the  board  to  provide  for  the  payment  of  tne  pro  rata  expenses  of 
the  trausferred  pupils.  The  folJowiiigform  may  be  used  by  the  trustees: 

To  the  president  of  the  hoard  of  education  of district  : 

This  is  to  certify  that  the  undersigned,  trustees  of  sub-distrk-t 
no. . ,  ...  .District  have  transferred  as  required  by  law  ....  pupils, 
the  children  of from  this  sub-district  to  no . . , Dis- 
trict,   County,  to  begin  on  the ....  day  of . .'. .  . . ,  189  ,  and 

continue  .    . .  months. 


h  Trustees. 


SCHOOL  LAW  OF  WEST  VIRGINIA.  113 

FORM  NO.  VIII. 

FORM  OF  CONTRACT  BETWEEN  TRUSTEES  AND  TEACHER. 

This  Contract  Witnesseth,  That, ? 

and ,  trustees  of  sub-district  No in 

the  district  of ,  and  county  of ,  West 

Virginia,  of  the  first  part,  having  met  together  as  required  by  sec- 
tion 13  of  the  School  Law,  and ,  a  teacher  holding  a 

No teacher's  certificate,  and  having  a  certificate  of  attend- 
ance for  five  days,  at  a  teachers'  county  institute,  held  in  this 
State  since  the  first  day  of  June  of  this  year,  (or  having  an  excuse 
for  non-attendance  at  same,  properly  signed  by  the  Board  of  exam- 
iners), of  the  second  part,  have  this  day  agreed  that  said 

shall  teach  the  free  school  in  said  sub-district,  for 

the  term  of months,  commencing  on  the day  of 

,  189 . . ,  for  the  sum  of dollars  per  month, 

and  that  for  said  services,  properly  rendered,  the  trustees  afore- 
said will  pay,  as  prescribed  by  law,  the  amount  of  salary  due  said 
according  to  the  terms  of  this  contract. 

And  it  is  further  agreed  that  if  for  any  legitimate  reason  the 
school  is  not  begun  on  the  date  mentioned,  neither  party  shall  have 
recourse  on  the  other  for  damages. 

Witness  our  hands,  this  . day  of ,  189 . . 


, .  >•  Trustaes. 

Teacher. 

FORM  NO.  IX. 


FORM  OF  COUNTY   SUPERINTENDENT'S   CERTIFICATE   TO  THE  AUDITOR 
OF   DISTRIBUTION   OF   STATE   FUND   FOR   HIS   COUNTY. 


OFFICE  COUNTY  SUPERINTENDENT  FREE  SCHOOLS,  ) 
,  ,  COUNTY,  W.  VA., 189..   j 

To  the  Auditor  of  the  State  of  West  Virginia. 

SIR: — The  following  shows  the  apportionment  made  by  me  to 

the  several  school  districts  of  the  county  of ,   for 

the  school  year  commencing  July  1st,  189 . . 

Whole  amount  certified  by  State  Superintendent, $ 

Amount  deducted  for  salary  of  County  Superintendent,   

Whole  amount  distributed  to  the  several  school  districts,   


SCHOOL  LAW  OF  WEST  VIRGINIA. 
Amount  distributed  to  each  school  district  respectively  : 


DISTRICTS.                            Payment  oi 
Sept.  15th. 

Payment  oJ 
Dec.  15th. 

Total. 

District,  $  

$ 

9 

ii 

„ 

(4 

ii 

it 

i, 

ii 

„ 

a 

Total,                  $  

INDEPENDENT  DISTRICTS. 

District,  $  .... 

ii 

«< 

u 

„ 

,t 

Total,                 $  

,  County  Superinter 

ident 

..r,f 

>unty. 

of 

Section  22  of  the  School  Law  requires  county  superintend- 
ents to  apportion  the  State  Fund  amoncr  the  several  districts  of 
their  respective  counties  and  to  report  the  same  on  this  form  to 
the  Auditor. 

FORM  NO.  X. 

COUNTY  SUPERINTENDENT'S  CERTIFICATE  TO  SECRETARIES  OF  THE 
AMOUNT  OF  RAILROAD  TAX. 

OFFICE  COUNTY  SUPERINTENDENT  FREE  SCHOOLS. 

To  the  Serfy  Board  of  Education  of , District. 

You  are  hereby  notified  that  the  amount  due  your  district  for 


SCHOOL  LAW  OF  WEST  VIRGINIA.  115 

school  purposes  and  chargeable  to  the  Sheriff  on  the  respective 
accounts  of  Teachers'  and  Building  Fund  in  proportion  to  the  rate 
of  levy  for  each,  for  the  school  year  ending  June  30, 189  from 

the-  •  •. V Railroad  Company  is Dollars. 

(riven  under  my  hand  this day  of 189 

Dated ,  189..  County 'Sup't .'.'." .'.'.' .'.'.'. '.'.'.'. County. 

When  the  County  Superintendent  is  notified  by  the  Auditor  of 
the  amount  paid  into  the  treasury  by  the  Railroad  Company  to  the 
credit  of  any  district  for  school  purposes;  or,  is  notified  of  the 
tmount  of  Railroad  tax  certified  by  the  Audttor  to  the  Sheriff  of 
ahe  County  for  collection  for  school  purposes,  he  should,  without 
delay,  notify  (on  this  blank,)  the  Secretaries  of  the  respective 
Boards  of  Education  of  the  amount  due  them  from  the  different 
Railroad  companies  that  have  property  in  their  respective  districts. 
The  secretaries  of  the  Boards,  when  they  are  notified  as  above 
directed,  should  divide  the  amounts  so  reported,  between  the 
Teachers'  and  Building  Funds  in  proportion  to  the  rate  of  levy  made 
for  each.  The  amounts  should  then  be  charged  up  to  the  Sheriff 
on  account  of  the  respective  Funds. 

FORM  NO.  XL 

COUNTY  SUPERINTENDENT'S  CERTIFICATE  TO  SECRETARIES  OF    THE 

AMOUNT   OF   STATE   FUND. 

OFFICE  OF  COUNTY  SUPERINTENDENT  FREE  SCHOOLS. 

,189.. 

To  the  Secretary  of  the  Board  of  Education  of District , 

t  I  hereby  certify  that  the  amount  of  State  School  Fund  appor- 
tioned to  your  district  for  the  school  year  beginning  on  the  1st  day 

of  July,  189 . . ,  is 

dollars. 

Enumeration  for  189 . . ,  (corrected) 


County  Superintendent. 

This  amount  will  be  paid  to  the  sheriff  of  the  county  in  two 
equal  installments,  on  September  15th,  and  on  December  15th, 
next;  provided  your  board  levy  for  a  sum,  which,  together  with 
the  balance  on  hand,  funds  from  other  sources,  and  this  State  fund, 
will  be  sufficient  to  pay  for  having  the  schools  of  your  district 
taught  for  at  least  five  months  in  the  year.  You  will  charge  the 
sheriff  with  the  above  amount  on  account  of  the  teachers'  fund. 

As  soon  as  the  county  superintendent  receives  notice  from  the 
State  Superintendent  of  the  amount  apportioned  to  his  county,  he 
should  apportion  the  amount  among  the  respective  districts  and 
independent  districts,  according  to  the  number  of  youths  between  6 
and  21  iu  each,  ascertained  by  the  last  enumeration,  and  should 


116  SCHOOL  LAW  OF  WEST  VIRGINIA. 

thereupon  notify  the  respective  secretaries  on  this  blank  (Form 
16)  without  delay. 

FORM  NO.  XII. 

ASSESSOR'S  NOTICE  TO  SECRETARIES  OF  VALUATION  OF  PERSONAL 

PROPERTY. 

OFFICE  OF    ASSESSOR 
OF COUNTY. 

To  the  Secretary  of  the  Board  of  Education  of District: 

The  assessed  valuation  of  the  personal  property  in  your  district 
on  the  first  day  of  January,  189 ..,  aggregates  $ 

Given  under  my  hand  the ....  day  of ,  189 . . 

—  - ,  Assessor. 

P.  O.  Address, 

A  copy  of  this  notice  should  be  sent  to  the  secretary  of  each  dis- 
trict at  the  very  earliest  moment  possible,  as  he  must  have  it  on 
the  first  Monday  in  July,  at  the  annual  meeting  of  the  board  of 
education. 

The  assessor  of  every  assessment  district  shall  make  out  and 
deliver  to  the  secretary  of  the  board  of  education  of  each  district 
and  independent  school  district  in  his  district,  on  or  before  the  first 
day  of  July  in  each  year,  a  certificate  showing  the  aggregate  value  of 
all  personal  property;  and  the  clerk  of  the  county  court  shall  certify 
to  the  said  secretary  the  aggregate  value  of  all  real  estate  in  such 
district  or  independent  school  district,  which  certificates  shall  serve 
as  a  basis  for  any  levy  that  may  be  made  for  school  purposes  for 
that  year. — (Sec.  43  School  Law.) 

Any  assessor  who  shall  to  fail  to  make  out  and  deliver  the  cer- 
tificate mentioned  in  the  forty-third  section,  and  any  secretary  of  a 
board  of  education  who  shall  fail  to  make  out  and  deliver  the  cer- 
tificate named  in  this  section,  shall  be  fined  twenty  dollars,  for  the 
benefit  of  the  building  fund  of  the  district. — (Part  of  Sec.  44 
School  Law.) 

FORM    NO.    XIII. 


OF  REAL  ESTATE. 

OFFICE  CLERK  COUNTY  COURT  [ 

County,  W.  Va.  j 

To  the  Secretary  Board  of  Education  of District. 

The  assessed  valuation  of  the  real  estate  in  your  district  on  the 

lirst  d;iy  of  January,  189 . . ,  aggregates  $ 

Given  under  my  hand  the day  of . . ,  189 . . 


Cleric  of  County  Court, 


SCHOOL  LAW  OF  WEST  VIRGINIA.  117 

A  copy  of  this  notice  should  be  sent  to  the  secretary  of  each  dis- 
trict at  the  very  earliest  moment  possible,  as  he  must  have  it  at  the 
annual  meeting  of  the  board  of  education  on  the  first  Monday  in 
July. 

The  assessor  of  every  assessment  district  shall  make  out  and  de- 
liver to  the  secretary  of  the  board  of  education  of  each  district  and 
independent  school  district  in  his  district,  on  or  before  the  first  day 
of  July  in  each  year,  a  certificate  showing  the  aggregate  value  of 
all  personal  property;  and  the  clerk  of  the  county  court  shall  cer- 
tify to  the  said  secretary  the  aggregate  value  of  all  real  estate  in 
such  district  or  independent  school  district,  which  certificates 
shall  serve  as  a  basis  for  any  levy  that  may  be  made  for  school 
purposes  for  that  year.  (Section  4.3  School  Law.) 


FORM  NO.  XIV. 


SECRETARIES    OF    DELINQUENT     LISTS. 

OFFICE  CLERK  COUNTY  COURT  | 

COUNTY,  j 

To  the  Secretary  Board  of  Education District. 

The  sheriff  of county  is  entitled  to  credits  for  the 

delinquent  list  (including   property   erroneously  and  improperly 
charged)  for  the  year  ending  June  30,  189 . . : 

On  Real  Estate  for  Teachers'  Fund, $ 

On  Personal  Property  for  Teachers'  Fund, $ 

Total  for  Teachers'  Fund, .  .  1 -. . . . 


On  Real  Estate  for  Building  Fund, $. 

On  Personal  Property  for  Building  Fund, $ , 

Total  for  Building  Fund, T 


You  will  charge  the  sheriff  with  the  following  amounts,  certified 
by  the  auditor  as  paid  to  the  sheriff  on  account  of  redemption  of 
delinquent  lands  paid  into  the  treasury  before  sale: 

For  Teachers'  Fund, % 

For  Building  Fund, $ 

Given  under  my  hand  the day  of ,  189 . . 


Clerk  of  County  Court. 

The  said  lists  shall  be  returned  to  th'e  county  court  before  the  first  day  of  July  in  every 
year,  and  the  list  of  real  estate  shall  be  examined,  corrected  and  allowed  by  said  courc, 
and  a  cony  thereof  certified  to  the  auditor,  and  another  copy  to  the  assessor  for  future 
use  in  making  out  the  next  land  book.  The  list  of  personal  property  shall  also  be  examin- 
ed, corrected,  and  allowed  by  the  court,  and  the  amount  thereof  so  allowed,  together  with 
the  amount  allowed'of  the  list  of  real  estate,  shall  be  certified  by  the  clerk  of  said  court 
to  the  secretary  of  the  board  of  educationist'  the  proper  district.  The  original  list  shall.be 
preserved  by  the  clerk  of  said  court  in  his;office.— Sec.AS,  School  Law. 


118  SCHOOL  LAW  OF  WEST  VIRGINIA. 

FORM  NO.   XV. 

SECRETARY'S  NOTICE  TO  COUNTY  SUPERINTENDENT,  ASSESSOR  AND 
COUNTY  CLERK,  OF  RATE  OF  LEVIES. 

OFFICE  OF  SECRETARY  BOARD  OF  EDUCATION. 

, ,  189 ...  *To of   county, 

At  a  meeting  of  the  board  of  education  of district 

of  said  county,  held  on  the  ....  day  of ,  189 . . ,  it  was 

orderded  that  levies  for  the  support  of  the  free  schools  of  the  dis- 
trict for  the  year  beginning  the  first  day  of  July,  189. ..  be  made 
for  the  respective  funds  at  the  following  rates: 

For  Teachers'  Fund, cents  on  the  $100  valuation. 

For  Building  Fund, cents  on  the  1100  valuation. 

Respectfully, 
,  Secretary. 

*Write  Assessor,  Clerk  of  Couny  Court  or  County  Superintendent  as  the  ca  e  may. 
be.    Each  must  be  notified  promptly. 

SECTION  44  SCHOOL  LAW. — Immediately  upon  the  receipt  of  the 
certificate  mentioned  in  the  preceding  section,  and  of  the  notice 
from  the  county  superintendent,  as  hereinafter  provided,  showing 
the  amount  of  the  general  school  fund  to  which  such  district,  or 
independent  school  district  is  entitled,  it  shall  be  the  duty  of  the 
board  of  education  of  such  district  to  determine  the  rate  of  taxa- 
tion necessary  for  the  pay  of  teachers  and  for  the  building  fund  in 
their  district  for  the  school  year  and  for  the  payment  of  any  such 
existing  indebtedness,  as  aforesaid,  and  report  the  same  by  their 
secretary,  to  the  clerk  of  the  county  court,  to  the  county  superin- 
tendent and  also  to  the  assessor;  and  thereupon,  it  shall  be  the  duty 
of  the  said  assessor  to  extend  on  his  books  of  assessment  for  State 
and  county  purposes  the  amount  of  taxes  levied  as  aforesaid,  in 
two  separate  columns,  the  one  headed  "Teachers'  Fund,"  and  the 
other  "Building  Fund,"  from  which  extension  the  sheriff  shall 
proceed  to  collect  the  same,  and  shall  account  therefor  as  required 
by  law.  Any  assessor  who  shall  fail  to  make  out  and  deliver  the 
certificate  mentioned  in  the  'forty- third  section,  and  any  secretary 
of  a  board  of  education  who  shall  fail  to  make  out  and  deliver  the 
certificate  named  in  this  section  shall  be  fined  twenty  dollars,  for 
the  benefit  of  the  Building  Fund  of  the  district. 


SCHOOL  CALENDAR. 


JULY. 
1.    School  year  begins. 

Member  of  board  takes  office. 

(Or  before)  Assessor  certifies  value  of  property. 

(Or  before)  Sheriff  settles  with  Board  of  Education. 

(Before  1st  day  of  July)  Sheriff  reports  delinquent  property. 

1st  Monday.    Board  of  Education  meets. 

(Or  as  soon  thereafter  as  practicable)  Board  of  Education  lays  levies. 

1st  Wednesday.    Presidents  meet  to  appoint  examiners. 

4.    Legal  holiday. 

3rd  Monday.    Trustees  meet  to  employ  teachers. 

20.     (Or  before)  Secretary  reports  rate  of  levy. 

AUGUST. 
1.    (Or  before)  County  Superintendent  makes  report  to  State  Superintendent. 

SEPTEMBER. 
1.    Auditor  reports  condition  of  school  fund  to  State  Superintendent. 

NOVEMBER. 
Last  Thursday.    Thanksgiving  Day.    Legal  holiday. 

DECEMBER. 
25.    Christmas.    Legal  holiday. 

JANUARY. 
1.    New  Year's  Day.    Legal  holiday. 

(Or  before)  State  Superintendent  makes  report  to  Governor. 

APRIL. 
1.    (Or  before)  Teachers  make  enumeration. 

15.  (Or  before)  Secretary  transmits  copy  of  enumeration  to  County  Superintendent. 

MAY. 

1.    (Or  before)  County  Superintendent  forwards   to  State  Superintendent  report  of 
enumeration. 

JUNE. 

10.  (Or  before)  Auditor  notifies  State  Superintendent  of  amount  of  general  or  distrib- 
utable school  fund. 

30.  School  year  ends, 


INDEX. 


AGRICULTURAL  EXPERIMENT  STATION  PAGE.  SEC.  OPN. 

establishment  of  and  provisions  relating  to 84,85  86a    

ALCOHOLIC  DRINKS  AND  NARCOTICS 

effects  of  upon  the  human  system,  special  instructions  in 17  lla   

to  be  taught  as  thoroughly  as  other  branches 17  lla   

penalty  for  failure  to  make  the  provisions  for  instruction  in_ 17  lla   

teachers  to  be  examined  in 17  lla  

ASSESSOR 

to  certify  value  of  personal  property  to  secretary;  when 46, 47  43     

penalty  on,  for  failure  to  certify  value  of  personal  property 47  44     

penalty  on,  lor  charging  a  greater  amount  of  taxes  than  is  due 47  44     

fines  against,  how  recovered '. 47  44     

form  of  delinquent  list  of  personal  property  to  be  used  by 52  47     

to  furnish  list  of  property  in  sub-district 30  26     

to  register  names  of  deaf  and  blind  persons 94  98a   

AUDITOR 

not  to  pay  state  fund  to  districts  not  mating  local  levy 46  42     

delinquent  list  to  be  certified  to 53  48     

to  include  school  taxes  on  real  estate  in  delinquent  list  furnished 

sheriff 53  49      

to  deduct  salary  of  state  superintendent  from  general  school  fund..  75  60     

to  certify  to  state  superintendent  amount  of  general  school  fund 

for  distribution 76  61      

to  issue  warrant  for  amounts  of  general  school  fund  due  county ; 

when , 76  62     

to  report  condition  of  school  fund  to  state  superintendent;  when...  78  68  140 

is  custodian  of  the  school  fund  securities 80  74      

BLUEFIELD  COLORED  INSTITUTE 

name,  appropriation  and  provisions  for 105,106  98c    

BOARD  OF  BALLOT  COMMISSIONERS 

speo.iftl  provisions  as  to  ticket 

duties  of  commissioners 1°  3      

BOARD  OP  EDUCATION 

who  constitute 

time  in  which  members  to  qualify 11  5a 

members  of ,  ineligible  to  other  school  offices 8  2     

tie  in  case  of  election  of ;  how  decided «  2     


122  INDEX. 

PAGE.  SEC.  ORN. 

presidents  of,  to  elect  county  superintendent  in  case  of  tie 9  2     

application  of,  to  board  of  ballot  commissioners 9  2      

to  submit  question  of  additional  months  of  school ;  how 9  2      

to  make  required  levies 9  2 

duty  of,  in  case  levy  is  voted  down 9  2      

time  of  first  meeting  of 11  6 

members  of ,  must  not  be  interested  in  school  contract 41  34  105 

vacancies  in;  how  filled  and  what  time 10       5 

to  determine  the  number  of  teachers  to  be  employed 11  6      

no  business  to  be  transacted  without  quorum  of,  except  what 11              

compensation  of  members  of 11  6 

of  independent  district;  compensation  of 12  9 

a  corporation  with  corporate  right 12  7      

liability  of 12  7      

may  receive,  hold  and  dispose  of  what 12  7     

process,  how  served  on 12  7      

have  control  and  supervision  of  schools  in  district 14  9      

may  change  boundaries  of  sub-districts 14  9      

duty  of,  in  case  county  court  change  district  boundaries 14 

to  cause  school  to  be  kept  in  each  sub-district _ 15  10      

to  employ  teachers  in  case  trustees  fail  to  do  so 15  10     

to  have  revision  of  acts  of  trustees 17  18  12 

to  pay  another  district  tuition  of  transferred  pupils 18  12     

may  declare  teacher's  contract  illegal 19  13      

may  review  action  of  trustees  in  suspending  or  expelling  pupils  ...  19  13      

to  furnish  blank  record  book  for  trustees 22  16      

to  apportion  school  fund  to  colored  pupils;  when 23,24  18  2 

to  give  order  to  discontinue  use  of  unauthorized  texts 74  58a   

may  be  compelled  by  mandamus  to  divide  funds 24  18      

to  require  enumeration  of  school  youth  to  be  made 24  19  51 

charged  with  the  duty  of  moral  training , 39  32      

to  provide  suitable  houses  and  grounds 41  34  104 

not  to  be  interested  in  contract  for  building  or  repairing  house 42  34  105 

judgment  or  decree,  for  money,  against. 43  87      

indebtedness  of,  must  be  paid,  how 43  37 

to  determine  the  rate  of  taxation  necessary  for  teachers'  and  build- 

ingfunds 47  44  122 

must  not  contract.debt. 48  45  12 

to  require  secretary  to  publish,  statement 49  45  123 

to  make  settlement  with  sheriff 50  46  12 

penalty  on  for  refusing  to  make  settlement  with  sheriff 54  52      

members  of  liable  to  fine  for  neglect  of  duty 75  59      

not  to  receive  part  of  schbol  fund  unless  local  levy  has  been  laid...  76  61     

not  to  pay  for  abstract  of  sheriff's  settlement 51  ....  129 

members  of  not  to  act  as  agents. 57  57  138 

to  issue  order  to  pay  for  books  (Acts  of  '95) 66  59     

to  pay  for  books  and  transportation  out  of  building  fund  (Acts  of 

'97). 73  58a    

authorized  to  purchase  books  from  scholar. 74  58a   

liable  for  amount  of  books  furnished  depositaries 65  58      

liable  for  amount  of  books  furnished  depositaries  (Acts  of  '97) 73  58a   

to  appoint  depositaries. 64  58     

may  remove  depositary  (Acts  of '95) 68  58      

may  remove  depositary  (Acts  of '97) 74  58a 

to  supply  secretaries  with  books  to  keep  depositaries' accounts. 65  58 

to  require  bonds  of  all  contractors , „ 41  34 

BOARD  OF  EXAMINERS 

of  whom  composed 30  27 

qualifications  of  members  of.. 30  27 

members  of;  howjnominated,  when  [elected,  ^term 30  27    69,70 


INDEX.  123 


PAGE.  SEC.  OPN. 

to  ho'd  stated  examinations 83  28    72,85 

may  limit  time  of  examination 32  ....       76 

examination  to  be  held  at  close  of  institute 38     80 

examinations  prohibited  till  after  first  of  school    year 38  30 

compensation  of  members  of 31  27 

members  of,  cannot  issue  certificates  to  each  other 33     83 

members  of ,  may  teach  without  certificate 33  28        81 

BOARD  OF  THE  PERMANENT  SCHOOL  FUND 

of  whom  composed 79     69     

organization  of. 79      69      

meetings  of,  where  held 79  70 

to  recover  money  due  school  fund;  how 79     71      

may  appoint  agents _ 79     72     

to  invest  the  school  fund;  how _ 79,80     73     

auditor  to  be  accountant  of 80     74      

BONDS 

constitutional  provision 5       8     

publisher's  bond  (Acts  of '95) '        63      58      

depository's  bond  (Acts  of  '95) 64     58      

publisher's  bond  (Acts  of '97) 71     58a    

depository's  bond  fActs  of  '97) _ 72     58a    

to  be  given  by  county  superintendent .-. 55     53      

to  be  given  by  contractors 41     34     

special,  to  be  given  by  sheriff 49     46      

BOOKS 

officers  and  teachers  not  to  act  as  agents  for,  except 7,57-58  9-57       138 

schedule  of  prices  to  be  supplied  by  publishers 63     58     

changes  in  books  under  contract 62     58     

certain  books  not  to  be  required  to  be  used 62     58     

BRANCHES  TO  BE  TAGUHT  IN  THE  PRIMARY  SCHOOLS 

enumeration  of 16  11    23,81 

BRIBERY 

of  district  school  officers,  how  punished 19     13     

BUILDING  FUWD 

maximum  rate  of  levy  for 43  88       110 

for  what  purpose  to  be  used 43»*4  88       i12 

from  what  sources  derived 44  89 

not  to  be  used  to  pay  debts  against  teachers'  fund 44  39       118 

money  from  sale  of  books  te  be  credited  to 65     58     

books  and  transportation  to  be  paid  out  of 73     58a   

CADETS 

appointment  of 

to  have  free  books  and  stationery  _.. , 8*     83     

CALENDAR 

of  school  year 119    

CERTIFICATE 

grade  of  to  determine  rate  of  salary 

teachers  must  file  duplicate  of- ~ 82  28 

plan  upon  which  issued M»  35 

applicant  for  to  be  examined  in  physiology  and  hygiene 

to  be  granted  only  upon  examination- 

valid  only  in  county  where  granted 

to  expire  with  school  year 

all  grades  of  issued  at  same  examination 

(See,  also,  State  Certificate.) 


124  INDEX. 

PAGE.  SEC.  OPN. 
CHANGES  IN  SUB-DISTRICT 

by  •whom  and  when   made 14  9      

CLERK  OF  COUNTY  COURT 

to  call  meeting  to  elect  county  superintendent  in  case  of  tie 9  2      

to  give  notice  of  such  meeting 92      

to  certify  valuation  of  real  estate  to  secretary  ;  when 47,5043,46  119 

to  certify  delinquent  list  to  secretary 58  48  180 

to  place  delinquent  list  of  personal  property  in  hands  of  sheriff. 58  51      

to  keep  record  of  settlement  with  sheriff 54  52      

to  transmit  to  state  superintendent  abstract  of  annual  settlement...  54  52  131 

to  certify  to    tate  superintendent  name  of  county  superintendent...  55  53      

levies  for  school  purposes  to  be  reported  to 6, 7  7     

COLORED  SCHOOLS 

trustees  to  establish,  when 23  17  49,50 

to  receive  proportion  of  district  funds. 23  18 

trustees  to  make  report  of 25  20  53 

(  7  8 

white  children  not  to  attend  <  23  17     

(  96  98& 

secretary  to  make  report  of 25  21     

COMMISSIONER 

when  elected,  term  and  commencement  8  2  1 

election ,  duties  10  3     

COMPULSORY  ATTENDANCE 

non-attendance,  what  constitutes 15  10a  

trustees  and  teachers  to  report  non-attendance 16  10a   

exemption  from 16  lOa    

compulsory  clause  may  be  set  aside  upon  petition  16  10a    

CONTRACTS 

form  of  contract  between  teacher  and  trustees 113  

school  officers  not  to  be  interested  in  contracts  for  buildings 41  84  105 

book  contract  of  1895  for  five  years 62  58      

book  contract  of  1895  to  remain  in  force 70  58a   

form  of  contract  with  publishers 71  58a   

CONTRACTORS 

bonds  of 41  34      

security  to  be  given  by 41  34      

COUNTY  COURT 

to  pass  upon  special  bond 49  46     

delinquent  list  to  be  returned  to 53  48      

to  certify  delinquent  list  to  assessor '. 53  48      

to  make  settlement  with  sheriff  or  collector 50  46      

COUNTY  SUPERINTENDENT 

constitutional  provision  concerning 5       3      

qualifications  of 55  53      

election  of,  length  and  commencement  of  term  of 8       2      

who  to  be  elected  in  case  of  tie 9       2 

salary  of,  how  paid 55  53  136 

salary  for  last  quarter  not  to  be  paid  till  report  is  made 55  53  132 

bond  of 55  53      

to  notify  state  superintendent  of  his  election 8,9       2      

to  visit  all  schools  in  his  county  yearly.. 56  54  77 

to  acquaint  himself  with  the  schools  of  his  county- 56  54 


INDEX. 


125 


PAGE.  SEC.  OPN. 

to  acquaint  himself  with  school  house  architecture 42  35  108 

to  cast  vote  in  case  of  a  tie  vote  for  member  of  board  of  education.  9       2 

vacancy  in  office  of ,  how  filled 55  53 

to  issue  orders  to  pay  members  of  board 11       6  8 

to  pay  salary  of  secretary  of  board  of  education.. 13       3 

to  certify  to  state  superintendent  value  of  property,  rates  of  levy...  13       8 

appeal  to,  regarding  district  boundaries 14       9  20 

action  of,  in  case  of  appeal  regarding  sub-district  boundaries 14       9 

action  of,  when  enumeration  of  youths  has  not  been  received 24  19 

to  certify  enumeration  of  youth  to  state  superintendent 25  19 

to  make  annual  report  to  state  superintendent 27  22  57 

to  nominate  members  of  board  of  examiners 30  27    68-71 

to  collect  examination  fees 31  27  75 

to  advise  state  superintendent  regarding  county  institutes. 37  30 

to  determine  location  of  school  house,  when 41  34  106,107 

may  teach  without  certificate. 83  28 

to  preserve  manuscripts  one  year  from  examination 32  .. ..  77 

to  approve  plans  of  new  school  houses 42  85  108 

to  advise  boards  regarding  school  houses,  furniture,  and  fixtures ...  56  54     

have  no  authority  over  rate  of  teachers' wages. 56  ....  134 

to  furnish  to  publishers  names  and  addresses  of  presidents  and 

secretaries 65  58      

to  aid  teachers  in  improving  themselves. 56  55     

to  encourage  and  aid  institute  work 56,57  55     

to  join  in  union  institutes 57  55      

to  conform  to  the  instructions  of  the  state  superintendent 57  55       

to  distribute  school  supplies  for  his  county.. 57  55     

to  make  detailed  report  to  state  superintendent 57     56182,13 

to  report  districts  that  have  failed  to  make  levy 57  56     

to  report  to  auditor  districts  voting  down  levy 46  42  121 

to  record  his  proceedings  in  a  well-bound  book. 57  56     

to  ascertain  amount  of  school  fund  due  his  county 76  61     

to  notify  boards  of  education  of  the  amount5?  of  state  fund  due  them  76  61      

to  issue  requisition  for  amount  of  school  fund  due  districts 76  62  139 

to  give  consent  to  sale  of  property 40  33     

to  call  meetings  of  county  book  boards 70  58a   

COURSE  OF  PROFESSIONAL  STUDY 

to  be  prescribed  by  state  superintendent 38  80     

what  to  embrace 38  30     

teachers  to  be  examined  in, 38  30     

COURSE  OF  STUDY 

state  superintendent  to  prescribe  for  county  and  village  schools....  16  11  33 

order  and  arrangement  of 16  U     

county  superintendent  to  enforce  uniformity 56  54 

DEPOSITARIES 

board  of  education  to  appoint  (Acts  of  '95) 64  58     

board  may  appoint  (Acts  of  '97) 71  58a    

to  execute  bond  (Acts  of  '95) 64  58      

to  execute  bond  (Acts  '97) 71,  72  58a   

depositary's  commission  (Acts '95) 65  58      

depositary's  commission  (Acts  of  '97) 72,  73  58a    

to  make  out  lists  of  text  books  needed  (Acts  of  '95) 64  58      

to  make  out  lists  of  text  books  needed  (Acts  of '97) 72  58a   

to  receive  books  in  exchange  (Acts  of  '95) 

to  receive  books  in  exchange  (Acts  of '97) 74  58a   

to  pay  transportation  charges 

to  make  payments  to  sheriff  (Acts  of  '95) 

to  make  payments  to  sheriff  (Acts  of  '97) 72  58a  , — 


126  INDEX. 


PAGE.  SEC.  OPN. 

to  execute  new  bond  and  turn  over  books 66,67  58  

to  turn  over  superseded  books  to  board 74  58a    

DISTURBANCES 

penalties  for,  of  schools,  societies,  etc 21,  22  15a-155 

DOLE'S  "AMERICAN  CITIZEN" 

to  be  changed 60,  61  58     

ELECTION 

of  county  superintendent 8  2      

of  president  and  commissioners 8  2      

when  to  be  held 8  2      

ballots,  what  to  be  written  or  printed  thereon 9  2      

special ,  when  and  for  what   purpose 9  2      

vote  upon  the  question  of  a  high  school 27,28  24    

vote  upon  question  of  increased  levy  for  graded  school 29,30  26  63-65 

vote  upon  question  of  longer  term 46  41    

officers,  liability  of... , 10  3      

ENUMERATION  OF  YOUTH 

how,  when,  and  by  whom  to  be  taken 24  19    

how  to  be  taken  in  districts  from  which  there  have  been  transfers  38  12     

penalty  for  not  taking 24  19    

secretary  to  keep  record  of 24  19    

county  superintendent  to  report  to  state  superintendent; 25  19    

EXAMINATION  OF  TEACHERS 

in  what  branches  ..„ 16,82-3528,29  22AC 

teachers  not  to  be  admittei  to,  who  have  not  attended  institute...  38  SO  91 

not  to  be  held  before  beginning  of  school  year 88  80  97 

FINES 

for  failure  to  teach  nature  of  alcoholic  drink 17  lla    

against  school  officers  for  being  interested  in  contracts 41  34      

against  assessors,  how  recovered 47  44      

against  assessor  for  overcharges  of  taxes 47  44      

against  assessor  for  failure  to  deliver  corticate 47  44      

against  members  of  board  for  failing  to  make  settlement 54  52     

against  sheriff  for  failure  to  make  settlement 54  52      

for  violations  of  county  school  book  board  laws 75  58a    

for  using  unauthorized  textbooks 74  58a    

for  violating  county  text  book  law 75  58a    

against  members  of  school  board  for  neglect  of  duty 75  59 

for  molesting  or  disturbing  schools 21  15a    

FIRES 

trustees  required  to  provide  for  building 39  32100..101 

maximum  to  be  paid  for  building 89  82      

FORFEITS 

by  teachers  who  disobey  order  of  state  superintendent 67,68  58  ...... 

by  teachers  who  use  unauthorized  texts-books 74  58a   

FORMS 

of  delinquent  list '. 52  47     

of  county  superintendent's  requisition. 76  62 

of  assessor's  delinquent  list  of  personal  property 52  47     

of  county  clerk's  delinquent  list  of  real  estate 52  47 

of  record  to  be  entered  by  board  of  education 108  ..._     

of  appointment  of  trustees ; 109  


INDEX. 

PAGE.  SEC.  OPN. 

of  order  to  fill  vacancy  in  board  of  trustees HO 

of  order  to  fill  vacancy  in  board  of  education HO 

of  oath  of  office HO 

for  sheriff's  annual  settlement HI 

for  call  for  special  meeting HI 

for  transfers  of  pupils H2 

of  contract  between  trustees  and  teachers H3 

of  county  superintendent's  certificate  to  auditor 113 

of  county  superintendent's  certificate  to  secretaries 114 

of  county  superintendent's  certificate  of  state  fund. 115 

of  assessor's  notice  of  valuation  of  personal  property 116 

of  county  clerk's  notice  of  assessed  valuation  of  real  estate  _ lie 

of  county  clerk's  notice  of  delinquent  lists 117 

of  secretary's  notice  of  rate  of  levies. 118 

FREE  SCHOOLS 

duty  of  legislature  concerning ... 5,6    1-5 

levies  for,  to  be  reported  to  clerk  of  county  court 6       7 

(  7       8 

white  and  colored  persons  not  to  attend  same  school.. 1  23     17 

(  96      986 

persons  connected  with  not  to  be  interested  in  sale  of  books 7, 57  9, 57       138 

persons  above  twenty-one  years  of  age  may  attend;  when 15     10        21 

may  be  discontinued  under  the  thirty-five  per  cent.  rule__ 19      13      

penalty  for  molesting  or  disturbing. 21     15a   

FURNITURE,  FIXTURES,  AND  APPARATUS 

to  be  provided  by  the  board  of  education 41     84     

to  be  kept  in  good  order  and  repair 41     84     

GENERAL  SCHOOL  FUND 

from  what  source  derived 75     60     

how  and  when  distributed 75     60     

amount  of,  for  distribution  to  be  certified  to  state  superintendent.    75, 76     61     „ 

GOVERNOR 

to  appoint  regents  of  the  University 82     78     

to  fill  vacancies  in  board  of  regents  of  University 82     78     

to  appoint  regents  of  Normal  Schools 86     87     

to  appoiut  regents  of  Schools  for  Deaf  and  Blind 91     98a    

to  appoint  directors  oi  Reform  School _ 99     98c    

to  fill  vacancies  in  board  of  directors  of  Reform  School 99     98c    

to  appoint  regents  of  Bluefield  Colored  Institute. 105     98c    

to  appoint  regents  of  West  Virginia  Colored  Institute. 97     986   

GRADED  SCHOOLS 

inaybeestablisned.ho-w 

how  term  may  be  extended  in 29,  80     26    68-66 

HIGH  SCHOOL 

may  be  established;  how 27-2924-25 

to  be  discontinued ;  when 

additional  levy  for 28     24     

joint  high  school 28 

directors  of  joint  high  school 

care  and  direction  of  joint  high  school 

report  of  directors  of  joint  high  school 

HOLIDAYS 

days  on  which  school  is  not  to  be  kept - 


128  INDEX. 

PACE.  SEC.  OPN. 
HYDE'S  LANGUAGE  BOOKS 

declared  to  be  grammars 68     58      

INDEBTEDNESS 

constitutional  provisions  concerning 5       8      

against  teacher's  fund;  how  paid 45  40       1§0 

INDEPENDENT  SCHOOL  DISTRICTS 

constitutional  provision  concerning 7      10      

compensation  of  members  of  board 12    9, 10 

not  to  receive  part  of  state  fund  unless  levy  has  been  made 46  42       121 

INSTITUTES 

for -what  purpose  established 37     30      

how,  when,  and  where  to  be  held 37     3!)      

to  be  instructed  by  whom 37     30      

compensation  of  instructor  of 38     30      

state  appropriation  for 38      30      

course  of  work  for 38     30      

teachers  failing  to  attend  not  to  b8  employed 38     30      

excuse  for  non-attendance  at 39  30        95 

INVOICE  OF  BOOKS 

publishers  to  forward 65  58 

IRREDUCIBLE  SCHOOL  FUND 

(See  Permanent  School  Fiind.) 

LANDS  FOR  SCHOOL  PURPOSES 

boards  of  education  to  purchase 41     81      

how  to  be  condemned 42  3(5       109 

how  may  be  sold 40  ?.&       102 

exempt  from  taxes 43     37      

exempt  from  execution  or  other  process 43  37      ...... 

LEGISLATURE 

shall  encourage  moral  and  educational  improvement 7     12      

must  make  suitable  provision  for  whom 7     12      

LEVY 

for  graded  school 29  25 

ballots  for  question  of  school  levy 9       2      

how  long  to  continue  after  election 9  2 

special,  may  be  made 45  40       117 

for  building  fund 48      38      

for  support  of  schools ... : 44,45      40      

special  for  indebtedness 45     40      

necessary  to  get  state  fund _  46  42       121 

assessor's  certificate,  basis  of 47     43      

for  books  furnished  depositaries _  66     58      

LIENS 

on  real  estate  for  district  levies 53  50  

MAGISTERIAL  DISTRICT 

constitutional  provision  for 8  27 

to  be  school  districts 8       1      

to  be  divided  into  sub-districts 8       1      

not  to  receive  part  of  State  fund  unless  levy  has  been  made 46  42       121 

NON-ATTENDANCE 

what  constitutes ,  15  10a 


INDEX.  129 

PAGE.  SEC.  OPN. 

trustees  and  teachers  to  report ... 16   10a 

NORMAL  SCHOOL 

(See  State  Normal  Schools.) 

OATH  OF  OFFICE 

required  by  constitution g       g 

time  in  which  to  take H     ga 

secretary  of  board  may  administer 13       8 

OFFICERS. 

may  be  removed  for  what 3       6 

subject  to  indictment  for  what 4       4 

general  provisions  relating  to 10 

fine  for,  when  other  penalty  is  not  fixed 75     59 

ORDER  OF  BUSINESS 

for  meeting  of  board  of  education 107,108 

PERMANENT  SCHOOL  FUND 

constitutional  provision  relating  to _  5       4 

report  of  condition  of,  to  be  made  to  State  superintendent 78     68       140 

board  of,  of  whom  composed 79     09 

auditor  to  ascertain  what  sums  have  accrued 79,  80     78 

how  to  be  invested 79     73 

stocks  transferred  to 80  73a 

PREPARATORY  BRANCH  OF  THE  UNIVERSITY. 

appropriations  for  and  regents  of 108     98c    

power  of  regents,  property  and  general  provisions 104     98c     

PRESIDENT  OF  BOARD  OF  EDUCATION. 

when  elected,  length  of  term  and  commencement 8       2     

to  sigi)  orders  upon  the  sheriff 11       6      

vacancy  in  office,  how  filled 10      6          2 

to  elect  board  of  examiners    30     27  67,68 

to  visit  school  houses  and  make  report 40     38     

to  fill  vacancy  in  office  of  county  superintendent — 55     58      

cannot  be  a  member  of  the  board  of  examiners 82  74 

to  sign  list  of  books  needed 72     58a   

PRIMARY   SCHOOLS 

branches  to  be  taught  in 16     11        81 

PROFESSIONAL  STUDY  COURSE  OF 
(See  course  of  professional  study.) 

PROSECUTING  ATTORNEY. 

duty  in  case  sheriff  fails  to  make  settlement 54     52      

to  instruct  boards  of  education ,„.,„ 42     48       109 

PUBLISHERS 

who  fail  to  fulfill  contract 70     58a    

to  give  bond  on  state  contract 63     58      

to  give  bond  on  county  contract 71     58a   

to  send  books  promptly 72     58a    

to  make  out  two  bills  of   books 72     58a    

PUPILS 

legal  age  of 

may  be  expelled  or  suspended 19     18     


130  INDEX. 

PAGE. SEC   OPN. 

pay...,. ,.. 15  10     

QUORUM 

of  trustees 22  16      

of  school  book  "board 68,69  58a     

of  regents  of  the  University 82  78      

of  regents  or  schools  for  deaf  and  blind 92  78a  .... 

of  directors  of  reform  school 99  98c    

REGENTS 

of  the  University;  when  and  how  appointed 81,82  78     

expenses  of  University  regents 84  84      

of  state  Normal  School 86  87 

of  the  Preparatory  Branch  of  thp  University 103  98c 

of  West  Virginia  0  >lored  Institute 97  98&    

oi  West  Virginia  School  for  Deaf  and  Blind 91  98a    

of  Bluefield  Colored  Institute. 105  98c    

REGISTERS 

term  and  da^ly 86,37  30      

to  be  'eturnp1 87  80      

pena  ty  for  fai'ure  to  return 37  80      

JKEPOBTR 

truste-p'. 25  20      

SK-r-rarj'rt • 25  21      

county  superintendepfs,  of  enumeration 25  19      

c"unry  superintendent's,  to  state  superintendent 27  22  57,58 

of  principals  of  normal  school* 89  95     

SAL  * RY 

of  teachers  fixed  by  board  of  education.. 11  6      

to  be  fixed  according  to  grade  of  certificate 11  6      

minimum  to  be  paid  teachers 11  6      

SCHOOL  AGE 

and  who  may  have  school  privileges 15  10      

SCHOOL  BOOK  BOARD 

.state,  general  provisions  in  regard  to 63,64  58     

county,  general  provis'ons  in  regard  to 68  58a     

members  of,  how  appointed,  & 3 68  58a      

quorum  of  county 68,69  58a      

first  meeting  of,  when 69  58a      

to  secure  terms  and  fix  retail  price 69  58a     

to  meet  six  months  before  state  contract  expires.. 70  58a      

to  meet  three  months  before  county  contract  expires 70  68a      

not  to  change  more  than  one  book  or  series  in  one  year _         70  58a     

SCHOOLS 

may  be  discontinued ;  when 19  18      

SCHOOL  FUND. 

(See  Permanent  school  fund  and  General  school  fund.) 

SCHOOL  HOUSES 

to  be  provided  by  board  of  education 41  34 

how  to  be  located - 41  34  106,7 

for  union  schools;   how  provided 41  34  108 

plan  to  be  approved  by  county  superintendent 42  35      

how  .sold  at  public  auction 40  83  102 


INDEX. 


131 


proceeds  of  ?ale  of  school  property 

how  school  property  may  be  recoiivtyed  to  grantor 

title  to  property  on  which,  are  located...., 


SCHOOL  MONTH 

to  consist  of  twenty  days  not  including  Saturday... 


SCHOOL  OFFICERS 
teachers  are 
not  toactas  agents 
not  to  act  asjagents 


PAGE.  SEC.  OPN. 
40     33     

40  33      

41  34        104 


57      30 


IS 
1S8 


SCHOOL  TERM 

increase  iu  length  of  ................................  „  .......  ..................  9 

minimum  length  of  .......................  ......................................  45 


SCHOOL  YEAR 

to  commence  and  to  end ;  when 

all  settlements  to  be  made  with  respect  to. 
calendar  of 


27 

27 
lltt 


23      

23     59-61 


SECRETARY  OF  BOARD  OF  EDUCATION 

appointment  of 18  8 

to  give  notice  of  special  election 9  2 

to  sign  orders  on  sheriff u  6 

official  records  to  be  kept  by 18  g 

to  be  custodian  of  records  for  the  board 18  g 

to  publish  abstracts  of  proceedings;  when 13  g 

to  certify  value  of  property,  rate  and  amount  of  levy.. j  26    21    J|'JJ 

to  keep  record  of  enumeration  and  to  certify  to 24  19  51,52 

to  make  report  of  colored  schools 25  20 

to  file  teachers'  term  register 87  30         93 

to  publish  statement  wben  expenditures  equal  $3, 000.. 49  45       123 

compensation  of.... 13  8 

secretary's  remunerai-on  for  report 26  21       135 

no  additional  compensation -J9  ...         i-2;-i 

report  r>f,  to  county  superintend- nt -J5  21 

to  charge  sheriff  with  au  ount  from  depositaries 65  58 

to  sign  depositary's  list  of  books  and  send  to  publishers 72  58a 

SECRETARY  OF  COUNTY  SCHOOL  BOOK  BOARD 

county  superintendent  to  be 68   58a      

t  •  keep  record  of  business 69   58a      

to  keep  record  of  votes 69   5Pa      

to  report  to  st -te  superintendent 69  58a     

to  furnish  state  superintendent  with  names  of  publishers -  70  58a      

SHERIFF 

to  receive,  collect  and  disburse  school  moneys 49  46126-127 

required  to  give  special  bond;when 49     46      

to  collect  levies  of  board  of  education... 47     44     

to  pay  teachers  monthly _.  37     80      

to  serve  notice  on  members  of  board  of  education _  9       2     

annual  settlement  of,  with  county  court 6,7       7     

to  keep  account  with  the  several  boards  of  education 50       46      

settlement  of,  with  board  of  education 50  46       125 

to  be  credited  with  delinquent  taxes 50     46      

to  be  credited  with  all  vouchers  in  hand 50     46      

Dot  to  receive  pay  for  disbursing  state  school  fund 51     46      

commission  of,  for  receiving  and  disbursing  railroad  taxes 51     46      


132  INDEX. 

PAGE.  SEC.  OPN. 

judgment  against,  may  be  obtained;  how 51  46     

may  be  required  to  endorse  school  order._ 51  46      

to  return  delinquent  lists 52  47     

form  of  oath  of ,  to  delinquent  lists 52  47      

to  receive  delinquent  list  of  personal  property 53  51 

commission  of,  for  collecting  district  levies 53  52     

liable  if  he  refuse  to  pay  orders 73  58a   

to  make  annual  settlement  with  county  court 53,  54  52      

duty  of ,  on  making  final  settlement 54  52      

to  receipt  to  depositaries 65  58      

to  pay  publishers' orders  for  book  supplies : 66  58 

to  give  duplicate  receipts  to  depositaries 73  58a    

to  receive  portion  of  general  school  fund 76  62      

STATE  BOARD  OP  EXAMINERS 

of  whom  to  consist:  how  appointed  and  term 35  29a    

meetings  and  stated  examinations 35  29a   

vacancies  in, how  filled 35  29a   

compensation  and  traveling  expenses  of  members  of 36  29a   

certified  account  of,  to  state  superintendent  of  free  schools 36  29a   

record  of  proceedings  of „ 36  29a   

STATE   CERTIFICATE 

classes  of ,  to  whom  issued 85  29a  88 

how  issued  to  graduates... 35  29a  88 

to  be  countersigned  by  state  superintendent 36  29a   

valid  in  any  school  district „ 86  29a  ...._ 

fees  for 36  29a    

STATE  NORMAL  SCHOOL  AND  ITS  BRANCHES 

establishment  of ... 86,87  87      

regents  of,  how  appointed;  duties 86,8787-88     

executive  committee  of, how  appointed;  duties 88  89     

branch  of ,  at  Fairmont,  established 88  90      

branch  of ,  at  West  Liberty,  established. 88  91      

branch  of,  at  Glenville,  established 88  92 

branch  of,  at  Shepherdstown,  established 88,  89  93      

branch  of,  at  Concord,  established 89  94      

reports  of  principals  of,  to  president  of  regents 89  95      

students  admitted  to;  how;  tuition 89,9096-97  146 

no  more  appropriations  for  establishing  new  branches  of 7  11      

unearned  portion  of  appropriation  for .'. 90  97      

STATE  SCHOOL  BOOK  BOARD 
(See  School  Book  Board.) 

STATE  SUPERINTENDENT  OF  FREE  SCHOOLS 

constitutional  provisions  relating  to 6  2     

qualifications  of 77  68     

expenses,  limit  of 5, 77  2, 68     

to  prescribe  manual  and  graded  course  of  study 16  11      

to  prescribe  and  furnish  blanks  for  taking  enumeration 25  19      

to  countersign  state  certificate 86  29a   

to  prescribe  form  of  registers 37  80     

to  fix  time  and  place  of  holding  institutes 37  80      

to  employ  institute  instructors 87  80 

to  prescribe  graded  course  of  institute  work 38  30     

to  prescribe  course  of  professional  study 38  80      

to  draw  warrant  upon  auditor  for  county  superintendents'  salary..  55  53      

to  contract  with  publishers  for  prescribed  text-books 62  58 

to  ascertain  amounts  of  general  school  fund  by  counties 76  61  ...... 


INDEX. 

PAGB.  SEC.OPN. 

salary  of;  now  paid 77  „„ 

office  of ,  to  bo  kept  at  seat  of  government 77  ^ 

to  provide  a  seal  of  office 77  64 

to  sign  requisitions  on  auditor 77  ^ 

to  have  supervision  of  county  superintendents „  77  65 

to  prescribe  and  prepare  all  forms  and  blanks 77  65 

to  publish  and  distribute  school  laws. _  77-73  55 

to  correspond  with  educators  and  school  officers '  73  66 

to  make  report  to  the  Governor 78  67 

a  member  of  the  board  of  the  school  fund „ 79  89 

member  board  of  regents  Bluefield  colored  institute 105  ggc    " 

member  of  board  of  regents  of  state  normal ...  86  37 

member  board  of  regents  preparatory  branch  of  W.  Va.  University  103  98c 

to  prepare  diplomas  for  the  normal  schools 87  33 

to  prepare  and  supply  blank  bonds  and  order  lists 66  58 

to  give  order  to  discontinue  use  of  unauthorized  texts 67  58 

may  be  compelled  by  mandamus  to  give  such  order 67  58 

not  liable  for  costs 67  58 

to  notify  county  superintendents  of  failure  of  publishers 70  58a 

STATE  TAX. 

(See  Taxation.) 

STUDENTS 

giving  credit  to,  prohibited.. 99  9S 

SUB-DISTRICTS 

appeal  from  decision  of  board  regarding  boundaries  of 14  9 

TAX 

capitation,  how  appropriated 4  2     ...... 

capitation,  exemption  from 4       2     

state,  rate  of 75     60     

school  orders  to  be  received  in  payment  of 51  128 

TAXATION 

maximum  rate  of ,  by  county 4       7     

power  of  legislature  in 4       5     

TEACHERS 

qualification  of 15     10     

required  to  pass  examination  in  certain  branches 32-8428,29     

form  of  contract  between  trustees  and 113  

may  be  removed  for  what 19     18     

how  punished  for  attempting  bribery 19     18     

how  to  be  paid 87, 56  80         94 

to  keep  daily  register 36     80     

to  keep  term  register 36, 87  30         91 

to  make  monthly  reports  to  secretary  of  board 87  80        89 

to  take  enumeration  of  school  youth 24     19     

charged  with  duty  of  moral  training 89     32      

exempt  from  certain  duties 24     19     

exempt  from  institute  attendance,  when 88     80     

to  be  examined  in  physiology  and  hygiene 17     lla    

are  school  officers i3  8 

substitutes  for 33  

not  to  act  as  agents 57  57       1s8 

liable  for  using  unauthorized  text-books 67,  74  58.58a  

noc  liable  for  r-osts 67     58      

to  f<--rf>  it  f  ,r  disobeying  order  of  state  superintendent 67,68     58      

failing  to  attend  institute  not  to  be  employed,  or  examined 38  80        96 


134 


INDEX. 


PAGE.  SEC. 

OPN. 

fine  for  violation  of  law  by,  when  other  penalty  is  not  fixed  

75 

59 



TEACHER'S  CERTIFICATE 

(See  Certificates.) 

TEACHER'S  CONTRACT 

form  of  to  be  furnished  by  state  superintendent  

18 

18 

shall  state  what  

18 

13 

with  whom  to  be  filed  

19 

13 



TEACHERS'  FUND 

annual  levy  for  

44,45 

40 



maximum  rate  of  levy  for  

45 

40 

used  only  to  pay  teachers'  salary  

45 

40 

116 

board  compelled  to  lay  levy  for  

45 

40 

special  levy  for,  when  to  be  made  

45 

40117-119 

indebtedness  of,  how  paid  - 

45 

40 

120 

TEACHERS'  INSTITUTE 

(See  Institute.) 

TEXT  BOOKS 

list  of,  prescribed  for  use  in  free  schools  

58-62 

58 



provisions  of  state  adoption  laws  for  

58 

58 



provisions  of  county  adoption  law  for  

68 

58a 

TITLE 

to  joint  property  

41 

34 

to  lands  donated                           

43 

87a 



TRANSFER  OF  PUPIL* 

can  be  made;  when.          ...... 

18 

12 



for  what  reason       

18 

-- 

84-37 

TRUSTEES 

time  in  which  to  qualify  

11 

5a 



when  appointed  and  length  of  term  

10 

4 



quorum  of  

22 

16 



to  be  under  supervision  and  control  of  board  of  education  

17 

12 



action  of,  subject  to  revision  by  board,  when  

17 

12 

removal  of,  from  office,  how  

19 

13 

vacancies  in  office,  how  filled  :  

10 

5 



have  charge  of  school  

18 

13 



may  remove  teacher  for  what  ..,  

19 

13 



cannot  change  teacher's  salary  as  fixed  

11 

6 



may  exclude  whom  from  school  

19 

13 



may  suspend  or  expel  pupils  for  what  

19 

13 



action  of  expulsion  may  be  reviewed  by  b->ttrd  of  education  

19 

13 

may  discontinue  school,  when..  

19 

13 



to  visit  schools  uuder  their  charge;  when  „  

20 

14 

41 

duties  of  ,  when  visiting  schools.  

20 

14 

42 

to  offer  suggestions  to  teachers  

20 

14 

cutv  of,  regarding  school  houses  

20,21 

15 

may  sue  iu  name  of  board  of  education  

21 

15 

may  permit  school  houses  to  be  used  for  what..  

21 

15 

43-17 

to  furuish  boards  of  education  with  estimate  of  improvements  

21 

15 



to  keep  account  of  all  expenses  incurred  by  them  

22 

16 

48 

may  purchase  what  

22 

16 

48 

how  bil'i  contracted  b^  ,  are  to  be  paid....  

22 

16 

quorum  '-f  ,  and  record  of  meeting  of  

22 

16 



to  establish  colored  schools;  when  .  ... 

23 

17 

49 

INDEX. 


135 


PAGE.  SEC.  OPN. 

to  make  report  to  spcretary  of  board  of  education 26      20         53 

not  to  employ  a  teacher  who  has  not  attended  institute 38     80         95 

to  see  that  school  houses  are  kept  clean  and  fires  made...  39     82    101-  2 

not  to  be  interested  ia  contracts 41     34 

may  oider  schools  to  begin  an>  month 46     41     

not  to  act  as  agents 57     57       138 

TUITION 

tuition  pupils 15     10     

of  transfer  pupils 18     12    84-37 

rate  of ,  to  whom  paid  and  how  applied 15     10  21,22 

U3SIOX  SCHOOLS 

how  established 41     84103,104 

title  10  property  of,  how  vested 41     34     

colored 22     17 

UNIVERSITY,  THE  WEST  VIRGINIA 

establi^hmen'.  ar  d  name  of 8176-77      

the  board  of  regents  of,  duties 81,82     78     

g  aduation  of  students 84     85      

general  regulations  pertaining 88     80      

departments  in,  how  established 83     79     

preparatory  department  of,  may  be  established 83     81     

cadets,  how  admitted  to 83,84     82      

endowment  fund  of,  how  invested 84     86     

VACANCIES 

in  office  of  trustee,  how  filled 10       5     

in  board  of  education;  how  filled 10      5          2 

in  office  of  couaty  superintendent,  how  filled 10,55,56     53          3 

in  board  ot  examiners 81     27     

in  state  board  of  examiners 35   29a      

in  county  school  book  board 68  58a     

In  board  of  regents  of  University  82     78     

in  board  of  regents  of  Schools  for  Deaf  and  Blind -        91  98a     

In  board  of  directors  of  Reform  School 99    98c     

WEST  VIRGINIA  REFORM  SCHOOL 

establishment  and  object  of • 98 

how  inmates  are  admitted  to 10°     98c     

board  of  directors  of "     98c    

WEST  VIRGINIA  COLORED  INSTITUTE 

ho  .v  and  under  what  provisions  established. 

name  and  location  of 

board  of  regents  of 

buildings  and  appropriations  for 

WEST  VIRGINIA  SCHOOLS  FOR  DEAF  AND  BLIND 

name  of 91  98a       

board  of  regents  of 

duties  of  principal  of ™ 

general  regulations  ar.d  provisions  for -  92-fc 

duties  of  county  officers  in  respect  to 

WHEELING,  CITY  OF 

free  schools  of,  not  affected  by  general  law 8            ™      ••-••- 

superintendent  of,  qualifications  of 


YC 


